MODI, J.—This is a miscellaneous appeal by Kishan Gopal and four others against an order of adjudication passed by the District Judge, Kotah, dated the 20th August, 1960, in an insolvency matter, and raised an interesting question of law as to whether all the members of a joint Hindu trading family can be adjudicated as insolvents irrespective of the consideration whether their liability to discharge the family debts is personal or not.

2. The material facts may be shortly stated as follows. Appellants Nos. 1 to 3 are the sons of one Bhanwarlal, and the latters remaining son Kunwarlal has been impleaded as respondent No. 18 in this appeal. Appellants Nos. 4 and 5 are the sons of Kunwarlal. Bhanwarlal died during the pendency of this litigation in the trial Court. Respondent Surajmal and certain others moved an application against the appellants and Kunwarlal and Bhanwarlal in the Court of the District Judge, Kotah, alleging that the latter carried on a joint Hindu family business in the name of M/s Ganeshram Bhanwarlal in the town of Kotah,that the said Kunwarlal was the managing member thereof, that they were indebted to the respondents and certain other creditors, the total indebt

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