GOPAL PRASAD Vs. BHUNESHWAR

JUDGEMENT

(1.) GOPAL Prasad submitted an application in the Court of the Additional District Judge, Raipur, on 13th Feb. 1926, to be adjudged an insolvent. Bhunesh war Prasad, one of the creditors to whom Gopal Prasad has to pay about Rs. 728-6-6 and who had got him arrested also, opposed the application alleging that Gopal Prasad is in a position to pay his debts. The Additional District Judge found that the applicant has 33 acres of land which gives him a profit of about 200 rupees per year, and besides this the applicant has some occupancy land. He has cursorily observed that, "the non-applicant's witnesses prove that he has also some cattle and cash." He has not definitely ascertained as to how many they are and what is their value. The application was rejected and the appeal bas also been dismissed.

(2.) IT seems to me that both the lower Courts have wrongly refused to adjudicate Gopal Prasad an insolvent. At this stage the debtor is only required to furnish such proof as will satisfy the Court that there are prima facie grounds for believing the same and, in my opinion, such proof has been furnished.

(3.) IN this case Gopal Prasad cannot sell off the property he has got and satisfy his creditors, and, therefore, there are prima facie grounds for thinking that the debtor is unable to pay his debts and must be adjudged an insolvent.