Reilly, J.

1. This is an appeal against the decision of Stone, J. in an insolvency matter. On the application of some creditors, three brothers, Ramanatha Ayyar, Sundaresa Ayyar and Viswanatha Ayyar, were adjudged insolvents by this Court in February, 1929. They were described in the order as "of C. K. Narayana Ayyar & Sons". The petitioning creditors did not mention, and the learned Judge who made the adjudication order was obviously unaware, that Ramanatha Ayyar had died five years earlier. There is no suggestion that any application was made to the Court for the administration of his estate under Section 108 of the Presidency Towns Insolvency Act. Ramanatha Ayyar had left a minor son, Subrahmanya Ayyar. In May, 1929, the minors mother, Meenakshi Ammal, sent a notice to the Official Assignee that Ramanatha Ayyar, Sundaresa Ayyar and Viswanatha Ayyar had carried on business not as members of a joint family, but as partners under a partnership deed of the 26th May, 1913, that the minor was entitled to a third share of the Immovable property which the partners had bought out of profits of their business and that the Official Assignee had no right to claim that third share of