( 1 ) THIS is a revision by Kishenlal (Respondent No. 3 in the Court of Civil Judge) against the order dated 31-3-1978 passed by the District Judge, Kolar in M. A. 20/76 reversing the order dated 6-3-76 passed by the Civil Judge, Kolar in. C. 4/67 dismissing the petition filed under section 6 of the Insolvency Act.

( 2 ) RESPONDENT No. 2-Nathumal Satia executed a mort-gage in favour of Respondent No. 1's son udaychand for Rs. 6000/- on 27-9-1963. Respondent No. 2 also executed a simple mortgage in favour of Respondent No. 1-Gissoolal for Rs. 16,000/- on 24- 4-1974 as per Ex. D1.

( 3 ) ACCORDING to Respondent No. 1, Respondent No. 2 Satia executed a pronote-Ex. D2 for Rs. 3,500/- in his favour on 30th April, 1964. According to him, the Respondent No. 2 borrowed again Rs. 1,200/- from him on 22-6 64 as per Ex. P2. Notwithstanding the several demands made, respondent No. 2 did not pay the said pronote debts and mort-gage debts. According to respondent No. 1 - G. Gissoolal, Satia-Respondent No. 2 sold the 'b' schedule properties in favour of Respondent No. 3 Kishenchand on 20-2-65 under Ex. P6 with a view to defeat or delay his (Respondent No. 1's) claim and the claims