1938 (10) TMI 15

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....from the order of the learned District Judge of West Godawari dismissing a creditor's petition under Sec. 9, Provincial Insolvency Act, to adjudicate the respondent as insolvent. The facts are not in dispute. The respondent executed on 20th December 1935 a promissory note for Rs. 900, in favour of the appellants. On 9th October 1936 the appellants presented the petition in insolvency against t....

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....dings to enforce a right arising from a contract. The learned District Judge has held that this insolvency petition is in reality a proceeding to enforce a right arising from a contract. We are unable to agree with the learned District Judge on this point. A petition for the adjudication of a debtor as an insolvent is not in our view a proceeding to enforce a right arising from a contract. It is n....

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.... particular contract of loan between a petitioning creditor and a debtor. The learned counsel for the respondent has sought to support the order of the learned District Judge by contending that the debt due to the petitioning creditors in this case should be considered to be not legally recoverable. He refers us to Halsbury's Laws of England, Vol. 2, page 59, where it; is laid down that a debt....