Hon'ble Sri Justice N.R.L. Nageswara Rao

1. The appeal is filed against the Judgment in Appeal Suit No. 83 of 2005 on the file of the I Additional District Judge, Anantapur arising out of the Insolvency Petition No. 35 of 2001 on the file of the Senior Civil Judge, Gooty.

2. The application was filed by the appellant herein to declare respondents Nos. 1 and 2 as insolvents on the ground that the 1st respondent has borrowed money from the appellant herein and respondents Nos. 1 and 2 have transferred the properties to defeat his rights and therefore, an act of insolvency was committed. The lower Court has allowed the application and aggrieved by that order, the 2nd respondent in the main insolvency petition, who is the 1st respondent herein, filed the appeal and the appeal has been allowed by the learned I Additional District Judge on the legal aspect that the application is barred by time without going into other merits of the contention of the 1st respondent herein as to whether she can be declared as insolvent or not when she was not a debtor of the appellant herein.

3. The learned counsel for the appellant contends that the order of the lower Court holding that the applicat