JUDGMENT

1. We are afraid that it will become necessary to warn Judges that they must not seize on Sections 10 and 25 of the Provincial Insolvency Act as an excuse for getting rid of troublesome applications. There seems to be a danger of Provincial Insolvency Courts going from one extreme to the other. The provisions in Section 10 and Section 25 of the new Act were intended to prevent the abuse of debtors filing their applications as a method of evading liability of arrest, and getting out of payment of their debts. On the other hand it would appear that these Sections have been utilised on more than one occasion for getting rid of business before the District Judge, which is certainly not congenial and it gives a great deal of trouble to the Judge. We must press upon the lower Courts, that a finding that a Judge is not satisfied that the appellants are unable to pay their debts must be a finding arrived at like any other finding by a judicial tribunal in which the reason for so holding is stated in such a way that it may be checked against the evidence and weighed in the balance. It is not enough for a Judge to resort to a mere negative and say. "I do not know, you may be able or