Present: Fisher C.J. and Akbar J.  1930

DORASAMY v. FERNANDO.

238-D. C. (Inty.) Kandy, 35,005.

Insolvency-Deed in fraud of creditors-Action to set aside brought by proved creditor-Insolvency Ordinance, ss. 51, 71, and 109.

An action may be brought, during insolvency proceedings, by a proved creditor to set aside a transfer made by the insolvent in .-:,- fraud of creditors.

APPEAL from order of the District Judge of Kandy. The facts appear from the judgment.

Weerasooria, for first defendant, appellant.

Navaratnam, for plaintiff respondent..

February 28, 1930. FISHER C.J.-

In this case the plaintiff (the respondent) is a creditor of one de Silva, the first defendant, the appellant, is also a creditor of de Silva, and the second defendant is de Silva's assignee in insolvency. The plaintiff prayed for a declaration that a transfer by de Silva in favour of the first defendant be declared null and void and that the land which was the subject-matter of the transfer should be vested in the assignee and be declared liable to be sold to meet the claims of the creditors of the insolvent. The date of the transfer is December

11, 1926, and on