RM V VAITHIANATHA AIYAR Vs. KOCHI SVAITHIANATHA AIYAR

JUDGEMENT

(1.) An insolvency petition was filed on 27 August 1929 against the debtors, who are the petitioners in this civil revision petition. In the insolvency petition one Kochi S. Vaithina-thier is named as the petitioner. In para. 4 of the petition it is stated: Petitioner is the managing partner of a family firm consisting of himself and his first paternal cousins K.Vaithinathier and Vishwanathier.

(2.) In para. 9 are set out various acts of insolvency by the respondents on dates ranging from 11 August to 13 August 1929. within the period of three months from the date of the filing of the petition.

(3.) On 16 September, K. Vaithinathier made application Under Section 16, Provincial Insolvency Act, to be substituted for Kochi S. Vaithinathier on the ground of Kochi's want of due diligence in proceeding with the petition, but this petition was dismissed as want of diligence had not been established.