S. RAMACHANDRA IYER, C.J. :- These appeals are filed under Cl. 15 of the Letters Patent against the judgment of Ganapatia Pillai J. adjudicating the appellants in the appeals as insolvents on a petition presented by one of their creditors, namely, the first respondent. There is no dispute now that the debtors had committed an act of insolvency. But the petition for adjudication was resisted on the ground that the debtors were in a position to pay their debts, and, even otherwise, the petition was liable to be dismissed as an abuse of process of court. The learned judge has overruled the Objections. The short question before us is whether the debtors are well founded in their contention that the petition for adjudication should be dismissed under S. 13(4) (b) of the Presidency-Towns Insolvency Act. The material proportion of the section runs :

The Court shall dismiss the petition (a) ..........(b) if the debtor appears and satisfies the court that he is able to pay his debts or that he has not committed an act of insolvency or that for other sufficient cause no order ought to be made."

In Nagiah v. Satyanarayana, ILR (1944) Mad 21: (AIR 1943 Mad 355), a Bench of this Court ha