Burn, J.

1. This appeal is from the order passed by the learned District Judge of Cuddapah dismissing I.P. No. 90 of 1936. This petition was filed by a oreditor named Alladu Nagiah against one Golla Narasimha Eeddi. The present appellant Mundla Gangi Eeddi was substituted as the petitioning oreditor in 1937. The learned District Judge has dismissed the petition on the ground that the case involves the decision of complicated questions of law and fact before it can be held that a subsisting relationship of creditor and debtor has been satisfactorily established. The debtor objected to adjudication at the instance of the present appellant, alleging that this creditor had agreed to a composition scheme which had been accepted by other creditors also. The appellant, as appears from the order of the learned Judge, did not file any counter affidavit to this statement and the agreement set up by the debtor was sent for examination to the Government Examiner of Questioned Documents. After that official expressed the opinion that the signature on the alleged agreement was the signature of the appellant, the appellant put in a statement in which he alleged that the signatures of the c