JUDGMENT

1. We are invited in this appeal, which has been preferred u/s 46, Sub-section (2) of the Provincial Insolvency Act, 1907, to set aside an order dismissing a petition for insolvency under Sub-section (1) of Section 15. The appellant Shaik Samir-ud-din presented a petition upon the allegation that his debts amounted to more than Rs. 500 which he professed his inability to pay and prayed that he might be adjudged an insolvent under the provisions of the Act. Two creditors were named in the petition, one of whom alone appeared to contest the application. The petitioner was examined, and as soon as he deposed that he had transferred a portion of his property in lieu of dower, the learned District Judge held that he had committed an act of bad faith which disentitled him to the protection of the Act. In this view, he dismissed the application. The petitioner has now appealed to this Court.

2. A preliminary objection has been taken to the hearing of the appeal on the ground that the second creditor mentioned in the petition has not been served with notice of this appeal. The learned Vakil for the respondent has contended that the order of dismissal of the petition u/s 15 of the Ac