Wanchoo, C. J.—This is an appeal by the Punjab National Bank Ltd, and three other banks (hereinafter called the Backs) against the order of the District Magistrate of Jodhpur in an insolvency matter.

2. The brief facts leading to this appeal may be mentioned at the outset. An application was made by Messers. Jethmal Danmal and another (hereinafter called the respondents, for declaring Messers. Sherchand Multanmal and its partners insolvent (hereinafter called the insolvent under sec 9 of the Insolvency Act. The District Judge adjudicated Messers. Sherchand Multanmal and its partners insolvent on the 31st of July, 1954. A receiver was appointed to take possession of the property of the insolvents. One of the acts of insolvency mentioned in the petition was that the insolvents had given fraudulent preference to the Banks after the order of adjudication. The Banks made an application to the District Judge pointing out that no notice as required under sec. 19(2) of the Insolvency Act was issued by the court and therefore the Banks could not appear and contest the petition and show to the Court that this was not a case of fraudulent preference to the Banks. This application was opposed b

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