Right of appeal in insolvency matters is not limited by Original Side appealability rules.

Section 8(2) of the Presidency-towns Insolvency Act was treated as conferring a substantive right of appeal against orders made in insolvency matters. The reference to appeals proceeding in the same manner as appeals from orders in ordinary original civil jurisdiction was held to regulate procedure, not to confine the appeal only to orders independently appealable on the Original Side. The contrary view, that no appeal lay unless the order satisfied Order XLIII Rule 1 or the definition of judgment, was rejected. The preliminary objection to maintainability was therefore rejected, though the appeal was ultimately dismissed on the merits.

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Issues: Whether an appeal lay under Section 8(2) of the Presidency-towns Insolvency Act against the order refusing review in insolvency.

Analysis: Section 8(2) conferred a right of appeal from orders made in insolvency matters and directed that such appeals should lie in the same way and be subject to the same provisions as appeals from orders made in the exercise of ordinary original civil jurisdiction. The provision was treated as creating an appellate right in insolvency, and it was held that the reference to the procedure applicable to ordinary original civil jurisdiction did not restrict the appeal only to orders which would themselves be appealable on the Original Side. The view that no appeal lay merely because the order did not fall within Order XLIII, Rule 1 or within the definition of judgment was rejected.

Conclusion: An appeal did lie from the insolvency order.

Final Conclusion: The preliminary objection to the maintainability of the appeal was rejected, but the appeal was ultimately dismissed on the merits.

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