The Chief Justice.-The Madurai Sadhu Seva Samajam, a Society registered under the Societies Registration Act, XXI of 1860, which is the appellant before us filed an application in the insolvency of M.K. Balakrishnier and Sons claiming a preferential payment of a sum of Rs. 8,056-1-0 being the amount due for principal and interest in respect of a sum of Rs. 7,000 deposited with the insolvent firm on 29th July, 1946. The society was certainly a charitable institution, but the learned Judge held that even assuming that the insolvent firm knew of the objects of the society and that the funds were in the nature of the trust funds, that would not be sufficient to create a deposit on trust which will entitle payment in priority over other creditors. He held that there was nothing to show that the insolvent firm received this deposit or held it on trust for the society. He therefore dismissed the application.

It is not contended that on the facts as placed before him, the learned Judge erred in dismissing the application. But an application has been made to us to admit certain documents as additional evidence and it is contended that if such evidence is admitted, the society would be entitl

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