HUKAMCHAND Vs. FIRM PEERDAN PREMCHAND OF BIKANER

JUDGEMENT

(1.) JUDGE, Jodhpur, dated the 12th October, 1957.

(2.) THE facts giving rise to it are that three firms, namely, Peerdan Premchand of Bikaner, Randal Bhimraj of Jodhpur and Multanmal Nathmal of Jodhpur filed 3 separate applications in the court of the learned District Judge, Jodhpur, under the Provincial Insolvency Act (No. 5 of 1920) (which will hereinafter be referred as the Act) in order to get the appellants adjudged as insolvents. THE court registered 3 separate cases Nos. 22, 23 and 24 of 1957 on the basis of the said applications. It appears from the record that the appellants submitted an application in case No. 22 to the effect that they had come to know that an insolvency petition had been filed against them, that a prayer for the appointment of an interim receiver was made, that they had not committed any act of insolvency, that the application against them was filed mala fide in order to put them to loss and therefore no order against them should be passed without giving them an opportunity of hearing. On 12. 10. 57,the court heard both the parties and ordered that all the 3 applications should be consolidated. THE appellants were directed that they should produce their books of account in the court within 10 days and that they should also furnish the lists of their creditors and debtors and an inventory of their property, according to sec. 22 of the Act. It is against this order that the present appeal has been filed.