BANERJI, KING
Mohan Lal – Appellant
Versus
B. Madhava Prasad – Respondent
JUDGMENT
1. This is an appeal against an order passed by the learned District Judge of Benares on the 25th of October, 1929, annulling an order of adjudication passed in respect of one Mohan Lal under the Provincial Insolvency Act, 1920.
2. Mohan Lal presented an insolvency petition" on the 26th of November, 1924. He showed the debts due from him as about Rs. 32,000, and showed assets, mainly in the shape of debts due to him, amounting to about Rs. 24,000. On 21st November, 1925, the District Judge adjudged the applicant an insolvent and ordered him to apply for his discharge within one year. The applicant did apply within the prescribed period. The period was extended from time to time upon the motion of the Official Receiver and successive applications for discharge were made. The last application was made on the 17th of September, 1929. On the 8th of April, 1929, the Official Receiver submitted a report recommending that "as the actions of the insolvent have not been very fair and straightforward," the insolvency should be annulled, or the insolvent should be discharged and permission should be granted to the Official Receiver to sell the assets of the insolvent.
3. The learned Dis
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