SHANKAR LAL Vs. MOHAMMAD ISMAIL

JUDGEMENT

(1.) This is an appeal from an appellate order passed by the District Judge of Saharanpur in a matter arising out of insolvency.

(2.) One Mahmud Ahmad had borrowed money from Mohammad Ismail, respondent 1, and executed a promissory note in his favour. He died leaving as his heirs three sons, Ziaul Haq, Nazir Ahmad and Inamul Haq and a widow Mt. Mariam Bibi. Mohammad Ismail sued these heirs on the promissory note and obtained a decree in suit No. 163 of 1926. The assets left by the deceased were attached in execution of this decree and 20 February 1929 was fixed for sale of the property.

(3.) Ziaul Haq, his mother and his two brothers had contracted debts from Shankar Lal and Pearey Lal in their personal capacity. On 26 November 1928, the creditors applied that these persons be adjudicated insolvent. Before any order of adjudication had been passed, these creditors applied to the insolvency Court on 11 February 1929, for the stay of sale pending the disposal of their petition for adjudication. The Subordinate Judge, who, in the exercise of the insolvency jurisdiction had the seisin of the case, made the following order: Let the sale be stayed pending the disposal of the insolvency application.