ORDINANCE No. 5 OF 1864 . 593
Bankruptcy and Insolvency.
(2. ) Such interest and costs as shall be due in respect of any of the
debts .
But there shall not be reckoned
( 1. ) The amount of any debt in respect of which the petitioner has
already been adjudged entitled to have the benefit of the Ordinance No.
3 of 1846 .
(2. ) Debts barred by any Statute of Limitations .
44. Any creditor, whose debt is sufficient to entitle him to petition Creditor,
whose debt is
for adjudication against all the partners of any firm, may petition for sufficient to
entitle him
such adjudication against one or more partners of such firm ; and every to petition
against all the
such petition shall be valid , although it does not include all the partners partners of a
firm , may
of the firm ; and in every petition for adjudication against two or more petition
against one:
persons , the Court may dismiss the same, as to one or more of such and the Court
may dismiss
persons, and the validity of such petition shall not be thereby affected as petitions.
to any person as to whom such petition is not ordered to be dismissed ,
nor shall any such person's discharge be thereby affected .
45. If the petitioning creditor shall not proceed and obtain adjudica Where peti
tioner does
tion within three days after his petition shall have been filed , or within not proceed.
such time as shall be allowed by the Court, the Court may at any time
.
on the expiration of such three days, or of such extended time as the
case may be, upon the petition of any other creditor entitled to petition ,
proceed to adjudicate on such last mentioned petition.
46. The Court may upon due proof of the petitioning creditors Court may
adjudge the
debt, and upon due proof of an act of bankruptcy having been committed debtor bank
rupt.
by the debtor, adjudge the debtor bankrupt , and may appoint a day for
the bankrupt to surrender and conform .
47. If after adjudication the debt of the petitioning creditor be found If petitioning
creditor's
by the Court to be insufficient to support such adjudication , the Court debt be found
insufficient, 1
may, upon the application of any other creditor, having proved any debt Court may
proceed on
sufficient to support an adjudication , order the petition for adjudication petition of
any other
to be proceeded in , and it shall by such order be deemed valid . creditor .
48. If two or more petitions for adjudication be filed by, or against , Court may
impound and
the same person, or if a petition be filed by, or against, a member of a consolidate
proceedings
firm , and another petition be filed by, or against, another member of the or petitions.
same firm, the Court may consolidate the proceedings or any part thereof