JUDGMENT

Masud, J. - The point to be decided in this appeal is whether, in the facts and circumstances of the case, the order of adjudication in respect of the estate of the debtors, Srilal Kajaria, Jugalkishore Kajaria, Shyamlal Kajaria and Onkarmal Kajaria, passed by the learned trial Judge on May 13, 1960, is justified in law. The Petitioner Jiwanmal Bhutoria carrying on business under the name and style of 'Chandmal Jiwanmal' set out various acts of insolvency in para. 6 of his petition. At the time of hearing of the petition, the petitioning creditor did not proceed with the proof of two of the grounds, the first ground being that the Appellant debtors stopped in Calcutta their business of International Traders with the sole intention of defeating or delaying payment of the dues of the numerous creditors including those of the Petitioner and the second being that the debtors transferred some of their assets to defeat the claims of the creditors. The only ground on which the creditors pressed the order of adjudication may be set out as follows:

1. The debtors have given notice on 20th November, 1959, to your Petitioners of their inability to pay and/or that they had suspended pay