GOPAL LAL Vs. DAULAT RAM MULK RAJ

JUDGEMENT

(1.) This is a civil miscellaneous appeal under Section 75 of the Provincial Insolvency Act, 1920, against the order of Additional District Judge, Bundi, dated June 9, 1976.

(2.) Respondent Messrs Daulat Ram Mulk Raj, a partnership firm, moved a petition in the court of Additional District Judge, Bundi, under Section 7 of the Provincial Insolvency Act, 1920 (hereinafter referred to as "the Act") for adjudging the appellant to be an insolvent.

(3.) The appellant raised a preliminary objection that the court of Additional District Judge, Bundi, has no jurisdiction to entertain an insolvency petition under the Act. This objection was overruled by the learned Additional District Judge, Bundi, on the basis of the order of the District Judge, Kota, dated June 14, 1968, by which the District Judge, Kota, in exercise of his powers conferred upon him under Sub-section (3) of Section 10 of the Rajasthan Civil Courts Ordinance, 1950, ordered that all suits, appeals and applications arising within the local limits of the jurisdiction of the Additional District Judge at Bundi, be filed directly in the said court. Dissatisfied with the said order, the appellant has preferred this appeal.