RM V VAITHINATHA AIYAR Vs. KOCHI SVAITHINATHA AIYAR

JUDGEMENT

(1.) An Insolvency Petition was filed on the 27 August, 1929, against the debtors, who are the petitioners in this Civil Revision Petition. In the insolvency petition one Kochi S. Vaithinatha Aiyar 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. Vaithinatha Aiyar and Visvanatha Aiyar.

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

(3.) On the 16 September, K. Vaithinatha Aiyar made application under Section 16 of the Provincial Insolvency Act to be substituted for Kochi S. Vaithinatha Aiyar 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.