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Khadim HussaIn Vs. Babu Bishen Singh - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in9Ind.Cas.633
AppellantKhadim Hussain
RespondentBabu Bishen Singh
Excerpt:
provincial insolvency act (iii of 1907), section 15 - mother of the applicant possessed of property to which applicant is sole heir--whether sufficient ground for dismissing the application. - - the learned judge only examined the applicant and he says in his judgment that he was not satisfied that the applicant was unable to pay his debts......that he was not satisfied that the applicant was unable to pay his debts. the reason he assigns for this conclusion is that the applicant's mother is possessed of property and he is her only son. that is not a sufficient reason for holding that the applicant is not entitled to be adjudged an insolvent. we allow the appeal, set aside the order of the court below, and remand the case to that court with directions to reinstate it under its original number in the register and dispose of it according to law. costs here and hitherto will follow the event.
Judgment:

1. This case must go back to the Court below for trial on the merits. The application was one made by the appellant to be adjudged an insolvent. It was opposed on the ground, amongst others, that the applicant was possessed of property which he had not placed at the disposal of the Court. The learned Judge only examined the applicant and he says in his judgment that he was not satisfied that the applicant was unable to pay his debts. The reason he assigns for this conclusion is that the applicant's mother is possessed of property and he is her only son. That is not a sufficient reason for holding that the applicant is not entitled to be adjudged an insolvent. We allow the appeal, set aside the order of the Court below, and remand the case to that Court with directions to reinstate it under its original number in the register and dispose of it according to law. Costs here and hitherto will follow the event.


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