BANKEY LAL Vs. DURGA PRASAD

JUDGEMENT

(1.) This appeal arises out of insolvency proceedings and under the following circumstances. The facts will have to be gone into in some detail.

(2.) The following pedigree will show the relationship that exists between the insolvent and the appellants.

(3.) The family was a joint family and possessed a large amount of property. We are told that Bankey Lal, one of the sons of Lachhman Prasad, was mentally weak, and we do not find him figuring in any of the transactions with which the several applications in insolvency deal. On 30 August 1923, Lachhman Prasad and his sons, other than Bankey Lal, presented a joint application in the insolvency Court to be declared insolvents. Their application was that in spite of doing their best they were unable to pay certain debts, and they were anxious to place their entire property in the hands of the Court for payment of their debts. On 7 September 1923, the four applicants were told to make independent applications for insolvency. The applicants thereupon presented three other applications on 29th September 1923, and the original application was allowed to stand as the application of Lachhman Prasad alone. The first application was numbered as Case No. 43 of 1923, and the subsequent applications were numbered as 49 to 51 of 1923. Munna Lal's case is No. 49, Jwala Prasad's case is No. 50 and Asharfi Lal's case is No. 51. The four applicants are adjudicated insolvents on 26 October 1923.