LAKHI PRASAD CHOUDHARY Vs. MOHAMMAD MATIN

JUDGEMENT

(1.) The petitioning creditors-appellants preferred an appeal to this Court under Section 75 (2) of the Provincial Insolvency Act (V of 1920) (hereinafter referred to as 'the Act').

(2.) The petitioning creditors-appellants filed an application under Section 9 of the Act on 17th May, 1972 for adjudging Md. Matin as an insolvent and also for annulling the Baimokasa deed (a deed in lieu of dower debt) executed by Md. Matin in favour of his wife on 9th Feb., 1972.

(3.) The case of the petitioning creditors 1 to 5 is that Md. Matin had executed a hand note on 14th Jan., 1969, for Rs. 23,804/- in favour of Meghraj Choudhary, the father of Lakhi Prasad Choudhary (petitioning creditor-appellant No, 1), Md. Matin (respondent No. 1) did not pay the amount. Hence, petitioning creditors 1 to 3 and 5 filed Money Suit No. 7 of 1972 on 11th Jan., 1972 in the court of the Subordinate Judge, Bhagalpur, against Md. Matin for realisation of the amount due under the hand note mentioned above.