Dhatri Saran Mathur, J. - (1.) This order shall govern Civil Revisions Nos. 1382 and 1678 of 1965 by Smt. Indrawati, and Smt. Chameli Devi and another against the order dated 17 -7 -1965 of the II Addl. District Judge, Meerut not treating the firm as a partnership firm and adjudging all the co -parceners of the joint family including the three applicants as insolvents. Smt. Chameli Devi, applicant No. 1 in C.R. No. 1678 of 1965 is the widow of Jhabu Mal who had four sons Brij Kishore, Ram Lal, Laxmi Narain and Khushi Ram. Smt. Chandrawati, applicant No. 2 is the widow of Brij Kishore while Smt. Indrawati applicant in Revision No. 1382 of 1965 is the widow of Khushi Ram. Chetan Prakash and Shyam Lal are the sons of Laxmi Narain.
(2.) Brij Kishore died in 1940, Jhabu Mal in 1945 and Khushi Ram in August 1960. On 13 -10 -1948 Ram Lal, Laxmi Narain and Khushi Ram entered into a partnership agreement and carried on business in the name of Mrs. Beli Ram Ram Swarup. The firm was registered with the Income Tax authorities. After the death of Khushi Ram, Ram Lal, Laxmi Narain and Smt. Indrawati executed a similar partnership agreement. This agreement was executed on 13 -8 -1960 i.e., three days after the death of Khushi Ram.
(3.) Ram Lal and Laxmi Narain as partners of the firm executed a sale -deed in favour of Dr. Madan Mohan on 24 -10 -1960 and as members of the joint Hindu family executed another sale deed dated 24 -12 -1960 in favour of the Oriental Bank of Commerce Ltd., Meerut. This was treated as acts of insolvency and further Ram Lal and Laxmi Narain are alleged to have orally mentioned that they were not in a position to pay the debts.;