MOHINI Vs. BANARAM

JUDGEMENT

(1.) THIS is an appeal by some of the creditors of the respondent against the order of the learned District Judge, Bikaner, dated 19 10-57 adjudging the respondent as insolvent.

(2.) IT appears from the record of the lower court that an application for adjudication as an insolvent was filed by the debtor himself. IT was averred by him that he had incurred heavy loss in business and that his total debts amounted to Rs. 17,838/8/6, whereas his total assets did not exceed Rs. 4900/ -. Some of the creditors contested the application on the ground that the petitioner was not unable to pay off the debts. Their contention was, however, turned down by the learned Judge on the ground that the debtor having presented an application under sec. 10 of the Provincial Insolvency Act, he had committed an act of insolvency under sec. 6 (f) and therefore he was entitled to present the application. IT was further observed by that court that since his debts amounted to more than Rs. 500/-, his application was in order. Thus, the learned Judge dismissed the objection raised by the creditors and proceeded to pass an order of adjudication under sec. 27 of the said Ait.