Misri Lal and Others vs Karim Bakhsh

Oldfield, J.—This application has been rejected with reference to the provisions of Section 351(a) of the Civil Procedure Code, that the statements in the application were not substantially true. Before, however, rejecting his application, it is necessary that the Court should be satisfied that the applicant has wilfully made false statements: unintentional inaccuracies are not sufficient for rejection.

His explanation as to the omission of assets which were easily discoverable from the account-books, which were not in his possession when he made his application, may be accepted, and we cannot say that there is any sufficient proof of his concealment of the sum of Rs. 2,702 to which the Judge refers.

On a consideration of the evidence we find no sufficient reason why the applicant should not be declared an insolvent; and an order for appointing a ''receiver should be made.

The order of the Judge is set aside, and the case will go back, in order that the Judge may appoint a receiver of his property u/s 351. Costs will be paid out of the estate.