The second defendant is the appellant in this appeal. The first plaintiff is the son of the first defendant They were members of a joint undivided Hindu family. On the 27th of April, 1938 (Ex. B-25) the father and the son executed a trust deed in respect of their family properties in favour of their family deity Shri Sankaranarayana Devaru constituting themselves trustees on behalf of the God. Thereupon the second defendant who was a creditor of the first defendant filed LP. No. 11 of 1930, Sub-Court South Kanara, on the 26th of July, 1938, Ex. B-25 to adjudicate the first defendant an insolvent The deed of trust was relied on as constituting an act of insolvency. On the 15th of November 1939, the first defendant was adjudicated an insolvent (Ex. B-27). The Official Receiver in whom the property became vested then filed R.L.A. No. 95 of 1940 to set aside the deed of trust under sections 4, 5, 53 and 54 of the Provincial Insolvency Act on the 10th January, 1940, Ex. B-28. The God was impleaded as a respondent represented by the first plaintiff as its trustee. The respondent was ex parte in that application and after examining one witness the trust deed was set aside as hay