JUDGMENT

Geidt, J. - This is an appeal against the order of the District Judge of Burdwan, dated 28th June 1902, by which he set aside all order of his predecessor made on 11th January 1901 declaring the Appellant Sarat Chandra Mukerji to be an insolvent. It appears that one Nowabjan in November 1900 obtained in the Calcutta Small Cause Court a decree for money against the Appellant and obtained partial satisfaction. On 9th January 1901 Nowabjan presented to the District Court of Burdwan a petition asking that the Appellant who was represented as residing at Bamanpara in the Burdwan District should be declared an insolvent. Notice was served and on 11th January the day fixed for hearing, Sarat Chandra appeared and expressed his willingness to be declared an insolvent. An order to that effect was accordingly passed on that day.

2. A month and-a-half afterwards, namely, on 26th February 1901, two other creditors of the Appellant who are Respondents before us, presented the petition on which the order now under appeal was passed. The petition purported to be made under sec, 108 of the CPC and alleged that the insolvency proceedings had been carried out fraudulently without the knowledge