1. This CMSA is directed against the order dated 30.3.92 passed by the District Court, Dharmapuri at Krishnagiri in CMA. No. 37 of 1989.

2. The appellant herein got a decree against the first respondent in O.S. No. 32 of 1978, O.S.361of 1978 and O.S. No. 292 of 1982 and also filed execution petition before the District Munsif Court, Karur. The respondents 2 to 4 are the other creditors of the first respondent and they were also making arrangement to take necessary action against the first respondent. Only at that time the first respondent filed an application in I.P. No. 2 of 1989 before the sub-court, Dharmapuri stating that the value of his property is lesser than his debts and he would not be able to satisfy the debts and therefore prayed for an adjudication that he must be adjudicated as an insolvent.

3. The application filed by the first respondent was resisted by the appellant on the ground that the first respondent was having 5 acres of land with a motor pump set. He was earning more than Rs 20,000 per annum. The first respondent also has not disclosed all his assets. Apart from the assets listed in the petition the first respondent owns lands measuring 23 cent