Civil appeal competency and creditor proof under insolvency law: ordinary procedure applied, and factual findings were left undisturbed.

Where a statute provides a right of appeal to an ordinary civil court, the ordinary rules of civil procedure govern that appeal, so a further appeal was held competent. On the indebtedness issue, the respondent's creditor status depended on credibility findings and documentary evidence, and the appellate tribunal declined to disturb the High Court's factual conclusion absent clear error. The respondent was therefore treated as a creditor of the estate, and the decree adding the claim to the schedule of debts was upheld.

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Issues: (i) whether the further appeal was incompetent in view of the appeal provisions of the Provincial Insolvency Act; (ii) whether the respondent proved the insolvent's indebtedness and was entitled to be added in the schedule of debts.

Issue (i): whether the further appeal was incompetent in view of the appeal provisions of the Provincial Insolvency Act.

Analysis: The objection to competency was rejected. Where the statute confers a right of appeal to one of the ordinary civil courts, the procedure, orders, and decrees of that court are governed by the ordinary rules of civil procedure. The existence of a limited statutory appeal did not exclude the present appeal in the manner contended.

Conclusion: The appeal was competent.

Issue (ii): whether the respondent proved the insolvent's indebtedness and was entitled to be added in the schedule of debts.

Analysis: The controversy turned on the credibility of the respondent and the insolvent and on the evidentiary value of the promissory note counterfoils. The District Judge disbelieved the evidence, but the High Court accepted it. The appellate tribunal found no sufficient reason to disturb the High Court's conclusion on this question of fact, and therefore found it unnecessary to decide the plea of res judicata.

Conclusion: The respondent proved the indebtedness and was entitled to be treated as a creditor of the estate.

Final Conclusion: The decree adding the respondent as a creditor was upheld and the appeal failed.

Ratio Decidendi: Where a statutory appeal lies to an ordinary civil court, the ordinary civil procedure governs the appeal, and concurrent findings of fact, especially on credibility, will not be disturbed in the absence of clear error.

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