( 1 ) PURSUANT to a decree made in O. S. No. 74 of 1968 on the file of the Civil Judge, mangalore, at the instance of the respondent a notice was issued under Section 6a of the provincial Insolvency Act, as applicable to the Mysore State (hereinafter referred to as 'act') seeking payment of money within 30 days in I. C. 48/79. Petitioners filed an application to set aside the said notice but no order was made on that application and the proceedings stood closed. Thereafter a petition was filed under Sections 6, 7 and 9 of the Provincial Insolvency Act for adjudication of the petitioners as Insolvents before the Principal Civil Judge, Mangalore, in I. C. No. 17 of 1980 and the same was allowed. Against the said order miscellaneous Appeal No. 16 of 1984 was filed before the District Judge of Dakshina kannada at Mangalore and the same having been dismissed, this revision petition is filed. Though several contentions have been raised in this petition, it is sufficient to consider only one of them.

( 2 ) BEFORE I take up the consideration of the contentions it is necessary to briefly survey the provisions of the Act. If a debtor commits an act of insolvency a petition