JUDGMENT :

1. The Civil Miscellaneous Second Appeal is filed against the Fair and Decreetal order passed in C.M.A.No.20 of 2013 dated 05.11.2015 on the file of the learned Principal District Judge, Salem confirming the fair and decreetal order passed in I.P.No.4/2006 dated 30.06.2011 on the file of the learned Sub-oridnate Judge, Sankagiri.

2. The question of law raised by the appellant is that whether the Courts below is right in coming to the conclusion that the appellant is entitled for decree of Insolvency against the first respondent; whether the Courts below is right in rejecting the claim of the appellant, when the 1st respondent had admitted the liability under Section 10 of the Insolvency Act?

3. Both the substantial questions of law are with reference to the factual aspects dealt with by the trial Court and the first Appellate Court. The First Appellate Court in order dated 05.11.2015 categorically enumerated that the respondent is having interest over the joint family property. It was an admitted factual aspect by the parties that the respondent was having a share in the joint family property. The findings in this regard by the First Appellate Court reads as under:

7. The re