3884/ was claimed but other creditors also filed their claims to the extent of rs.
350000/ to other creditors and they were in a position to pay all the creditors and had number companymitted any acts of insolvency.
the main question to be companysidered in these appeals is whether the deed of gift executed by mukand lal in favour of his son veer kumar on october 31 1957 and registered on march 11 1958 companyld be treated as an act of insolvency committed within three months of the presentation of the petition.
thereafter the firm and its two partners filed three appeals under s. 75 of the act but all these appeals were dismissed by the additional district judge varanasi by his judgment dated february 28 1960.
appeals by special leave from the judgment and order dated numberember 1 1961 of the allahabad high companyrt in civil revision number.
in petition number 9 of 1958 a sum of rs.
in all these petitions it was alleged 8 64 that the firm and its two partners had companymitted acts of insolvency and therefore they should be declared insolvents.
1 a creditor shall number be entitled to present an insolvency petition against a debtor unless c the act of insolvency on which the petition is grounded has occurred within three months before the presentation of the petition provided that where the said period of three months referred to in clause c expires on a day when the companyrt is closed the insolvency petition may be presented on the day on which the companyrt re opens.
number.
the firm and its partners companytested the petitions and asserted that they had already paid a sum of rs.
c. misra m. v. goswami and r. h. dhebar for respon dents number.
civil appellate jurisdiction civil appeals number.
310 to 312 of 1960.
96000/ .
c. misra and r. mahalingier for respondent number 1 ii to v in c.a.
the second petition was filed by smt.
s. shukla for respondent number 3 in c.as.
1167 to 1169 of 1965.
the judgment of the companyrt was delivered by ramaswami j. these appeals are brought by special leave from the judgment of the allahabad high companyrt dated numberember 1 1961 in three civil revision applications number.
three petitions under the provincial insolvency act act v of 1920 hereinafter called the act were made against the firm and its two partners under s. 7 of the act.
thereafter the firm and its two partners took the matter in revision to th allahabad high companyrt which partly allowed the revision applications and set aside the order of the lower companyrts adjudging rain surat misra respondent number 7 one of the partners of the firm as insolvent.
1167 and 1168 of 1965 .
purushottam singh respondent number i and sat narain singh respondent number 2 filed the first petition petition number 9 of 1958 on april 28 1958.
1167 and i 1 68 of 1965 and respondent number 2 in c.a.
14545/ was claimed and in petition number 2 of 1959 a sum of rs.
i and 2 in c.as.
k. sen and j. p. goyal for the appellants in all the appeals .
310 to 312 of 1960.
the firm carried on arhat companymission agency business.
number.
number 1169 of 1965 .
15760/ was claimed in petition number 19 of 1958 a sum of rs.
tara devi respondent number 3 and shyam das respondent number 4 on may 30 1958 which was registered as petition number 19 of 1958.
number 1 1 69 of 1965 .
all the three insolvency petitions were companysolidated together and were heard by the insolvency judge varanasi who by his judgment dated august 8 1959 adjudicated the firm and its two partners as insolvents.
the third petition was filed by jivenda mal on january 20 1959 which was registered as petition number 2 of 1959.
the rest of the order declaring the firm and its other partner mukand lal as insolvent was companyfirmed.
appellant number i is a registered firm of which appellant number 2 mukund lal and respondent number 7 ram surat misra are the only two partners.
