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1931 Supreme(Mad) 150

CORNISH
Rm. V. Vaithinatha Aiyar – Appellant
Versus
Kochi S. Vaithinatha Aiyar – Respondent


JUDGMENT

Cornish, J.

1. An Insolvency Petition was filed on the 27th August, 1929, against the debtors, who are the petitioners in this Civil Revision Petition. In the insolvency petition one Kochi S. Vaithinatha Aiyar is named as the petitioner. In para 4 of the petition it is stated Petitioner is the managing partner of a family firm consisting of himself and his first paternal cousins K. Vaithinatha Aiyar and Visvanatha Aiyar.

2. In para 9 are set out various acts of insolvency by the respondents on dates ranging from the 11th August to 13th August, 1929, within the period of three months from the date of the filing of the petition.

3. On the 16th September, K. Vaithinatha Aiyar made application under Section 16 of the Provincial Insolvency Act to be substituted for Kochi S. Vaithinatha Aiyar on the ground of Kochis want of due diligence in proceeding with the petition; but this petition was dismissed as want of diligence had not been established.

4. On the 10th October Kochi applied to have his partner Visvanatha Aiyar added as a party to the petition, and this man was added as a respondent. On the 20th December Kochi made a further application to have his other partner Vaithinatha















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