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Judgment
Fletcher, J.—This is a rule obtained by Baymull and Amlock Chand calling upon one Bithal Das to show cause why he should not be adjudged to have committed an act of insolvency pursuant to the provisions of the Act for the relief of Insolvent Debtors in India. Now, the usual way of obtaining an adjudication of a person, as is well known, is by petition to the Court and the adjudication order made thereon is served on the insolvent. What should be done by the creditor is set out in sec. 9 of the Insolvency Act which says ?whereupon and upon such petition being duly verified, it shall be lawful for the Court to adjudge that such person has committed an act of insolvency.? That the application be by a petition duly verified is a condition precedent to the Court granting the order. The application in the present case is not made on such a petition but on a rule. I think that this rule must have been obtained per incuriam and I discharge the rule with costs.