1. A decree was obtained by name Messrs. Vasavi and Company, a registered partnership firm.

2. It is not disputed that one of the partners of the firm was adjudicated insolvent. After the decree was obtained, petitioner herein filed execution petition for recovering the amount due from the judgment-debtor. It is not disputed that the petitioner who filed the execution petition is the Managing Partner, though he has not described himself as partner of the firm. When the execution petition was filed, objection was taken that the firm was not in existence and had become defunct. He also put forward a contention that the petitioner herein is not entitled to execute the decree.

3. By the impugned order, court below dismissed the execution petition, against which this Revision is filed

4. The question is how far the present petitioner is competent to execute the decree.

5. Section 34 of the Indian Partnership Act says that when a partner in a firm is adjudicated insolvent, he ceases to be a partner on the date on which the order of adjudication is made, whether or not the firm is thereby dissolved. Sub-sec. (2) says thus:

“Where under a contract between the partners the firm is