Stodart, J.

1. This is an appeal against an order in insolvency by which the learned District Judge, Bellary, adjudicated seven persons insolvent. The first five of these are brothers, the sons of Ayyanna Gowd, deceased. The sixth and seventh are sons of another brother Mallanna Gowd who died in 1915. The first and third do not appeal. They had already filed an insolvency petition when the present petition was filed. The others are the appellants in this appeal. The petition was filed on 29th July 1936 by four creditors. The admitted facts are that Ayyanna Gowd had a shop in Bellary and that was a family business carried on for the benefit of the joint family consisting of himself and his sons; and on his death this shop was continued by the first and second sons Ranganna Gowd and Narasanna Gowd trading under the name of Ranganna Gowd and brothers. The four petitioning creditors based their right to file this petition on debts due to them by this firm. They alleged that the other three brothers and two nephews (the present five appellants) took an active part in the business of the firm and so were also personally liable to them in respect of the said debts; and one of the q