KALI CHARAN SAHA Vs. HARI MOHAN BASAK

JUDGEMENT

(1.) These appeals arise out of proceedings under the Provincial Insolvency Act (III of 1907).

(2.) The appellants before us applied to the Court below for adjudging seven persons, who were members of Hindu joint family, insolvents by one single petition. The learned District Judge on the 22ad August 1917 held that seven applications must be made as seven different persons were sought to be declared insolvents. In pursuance of that order, on the 8th September 1917, six more applications were made, each praying to have seven persons declared insolvent. The learned District Judge thereupon pointed out that this was bad and that there must be a separate petition regarding each person. On the 12th September 1917, six other petitions ware filed. ON the next day, 13th September, these six petitions and a petition for amendment of the original application were heard. The learned District Judge was of opinion that a declaration of insolvency could not be asked for in one petition for or against more than one parson, and that the objection to a joint application by joint debtors which was pointed out in the case of Sarada Prasad Ukil v. Ram Sukh Chandra 2 C.L.J. 318 applied to an application made against several joint debtors, and pointed out that the creditors of each individual must have notice, and the claim of each creditor against each debtor mast be investigated. The learned Judge accordingly held that a single application against seven debtors could not be maintained and he allowed the original application to be amended by striking out six names from it, but as regards the six new applications, he held that they could have effect from the date on which they were filed and not from the date of the original application, the result being that as against the six debtors the petitions were filed too late to give the petitioner the benefit of Section 37 of the Act.

(3.) The petitioner has appealed to this Court and the first ground taken is that an application can be maintained against several debtors jointly.