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IN THE HIGH COURT OF MARAS
Yerra Venkatagari Rangappa
Versus
Maddipatla Konappa And Ors.
Decided On : 3 December, 1926
Order 9, Rule 9 - Insolvency - The court found the insolvent unable to pay his debts, with some debts being exaggerated and one appearing to be bogus. The court noted that further allegations against the insolvent would need careful inquiry. The appeal was dismissed based on the applicability of a second petition for being declared insolvent.
Fact of the Case:
The Judge found the insolvent unable to pay his debts, with some debts being exaggerated and one appearing to be bogus. Further allegations against the insolvent were noted for careful inquiry.
Finding of the Court:
The court dismissed the appeal with costs, citing the applicability of a second petition for being declared insolvent.
Issues: The issues involved the insolvency of the debtor, the validity of the debts, and the applicability of a second petition for insolvency.
Ratio Decidendi: The court's decision was influenced by the interpretation of Order 9, Rule 9 of the Civil Procedure Code, and the applicability of a second petition for being declared insolvent.
Final Decision: The appeal was dismissed with costs.
1. The Judge has found that the insolvent is unable to pay his debts. It is true that some of his debts are exaggerated and one at least looks like a bogus debt. There are other allegations against him in paras. 7 to 9 of the appellants counter-petition. These will have to be enquired into carefully hereafter. At present we see no ground to interfere.
2. The appellants vakil relies on Order 9, Rule 9 of the Civil Procedure Code, and contends that the present petition does not lie. The case he cites, Venugopalachariar v. Chimanlal Sowcar A. I. R. 1926 Mad. 942 relates to an order of annulment and cannot apply to a second petition for being declared insolvent. We agree with Ram Pershad Bhagat v. Mahadeb Lal [1920] 2 Pat. L. T. 335 where it was held that such a petition lies, Section 10 (2) implies that, apart from annulment, a second petition lies.
3. The appeal is dismissed with costs.
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