CHHATRAPAT SINGH DUGAR Vs. KHARAG SINGH LACHMIRAM

JUDGEMENT

(1.) Chhatrapat Singh Dugar, the present appellant, on the 21st May, 1909, presented as a debtor an insolvency petition under the Provincial Insolvency Act, 1907, to the District Court of Murshidabad for an order adjudging him an insolvent.

(2.) His application was opposed by the present respondents and was dismissed. The debtor s consequent appeal to the High Court in Bengal was dismissed by an order of the 12th April, 1912 and an application for review of the High Court s judgment was equally unsuccessful. This appeal has been preferred by the, debtor to His Majesty in Council from the High Court s order of the 12th April, 1912.

(3.) The Provincial Insolvency Act presents a complete and exact delineation of a debtor s right to ad order of adjudication, on his own petition. Subject to the conditions specified in the Act, if a debtor commits an act of insolvency an insolvency petition may be presented by the debtor and the Court may on such petition make an order adjudging him an insolvent. The presentation by him of a petition is deemed an act of insolvency and on that petition the Court may make an order of adjudication (Section 5).