Judgement

Appeal from an order of the high court (April 12, 1912) affirming an order of the district judge of Murshidabad (April 22, 1911).

The appellant in 1909 presented a petition to the district court under s. 5 of the provincial insolvency act (iii. Of 1907) praying that he might be adjudged an insolvent. He stated that his debts amounted to about twelve lakhs of rupees, that his assets were about five lakhs, and that he had failed to effect a compromise with his creditors. The respondents, who were creditors some of whom had issued executions, opposed the application and charged the appellant with acts .of bad faith in relation to his creditors. They pointed out that in march, 1906, he had filed a similar petition in the high court and that woodroffe j., in refusing to make an order, had said " it is clear that the insolvent for the last fourteen years has been doing everything possible to defeat and delay his creditors."

The district judge dismissed the petition upon the ground that it was not made bona fide, but for an inequitable and collateral purpose.

The high court (sir cecil brett j. And sharfuddin j.) Dismissed the appeal summarily under order xll, r. 11, of the code