Alfred Henry Lionel Leach, C.J.

1. This is an appeal from an order passed by Chandrasekhara Ayyar, J., dismissing a petition asking for the adjudication under the Presidency Towns Insolvency Act of the respondents. The learned Judge considered that the petition had been presented mala fide and that it amounted to an abuse of the process of the Court. We share in full this opinion.

2. On the 19th June, 1942, one A. Suryanarayana filed an application for the adjudication of the respondents. This is not the application which has given rise to this appeal, but in order to appreciate the situation it is necessary to examine in some detail what preceded the present application. The third respondent is the mother of the first and second respondents. They live at Bezwada where they own a cinema theatre. Suryanarayana was a creditor of theirs. They owed him the sum of Rs. 1,045. In his petition Suryanarayana alleged that they had a dwelling house and office at No. 2/355, Mint Street, Madras. This they denied and the affidavit which was filed by the first respondent in answer stated that they were never residents of Madras. The first respondent had visited Madras in November, 1940, bu