GIRWARDHARI Vs. JAI NARAIN

JUDGEMENT

(1.) This is an appeal against an order of the District Judge of Mainpuri, dismissing an insolvency petition presented by the appellants under the Provincial Insolvency Act (III of 1907).

(2.) The learned Judge appears to have been under the impression that the proceedings were governed by the Civil P. C., 1882, for in dismissing the petition he refers to Section 351 of that Code. We must, however, consider whether the dismissal of the petition can be supported under the Provincial Insolvency Act. The grounds stated for dismissing the petition are that the appellant Girwardhari Lal feigned ignorance about the existence of his account- books and prevaricated on other matters.

(3.) Section 12 of the Provincial Insolvency Act provides that when an insolvency petition is admitted, the Court shall make an order fixing a date for hearing the petition and notice of the order shall be given to the creditors by publication in the local Official Gazette and in such other manner as may be prescribed. The learned District Judge fixed a date for the hearing of the petition bat failed to give notice in the manner directed by that section. No objection having been made on this account, we may disregard this irregularity.