1934 (1) TMI 21

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....missory notes. The respondent had also claimed in respect of a mortgage debt of ₹ 4,000, but it is now admitted that it had been satisfied. 2. Prior to the application by the respondent to be added in the schedule of debts, which was filed on January 30, 1931, and out of which the pre sent appeal arises, the appellant had made an application under Section 54 of the Provincial Insolvency Act, dated April 6, 1929, against the present respondent, asking that the payment by the insolvents to her of a sum of ₹ 19,000 within three months of the petition for adjudication should be declared fraudulent and void and that the present respondent should be ordered to pay the amount to him. After an enquiry, the District Court annulled the p....

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.... the Provincial Insolvency Act the decision of the District Court was final, subject only to a limited right of appeal to the High Court under Section 75(2), any right of further appeal being thereby excluded. But, in their Lordships' opinion, this objection is not maintainable, in view of the decision of this Board in Secretary of State for India v. Chelikani Rama Rao, in which a similar objection was taken in respect of the provisions of the Madras Forest Act of 1882, and it was held that, when such a right of appeal is given to one of the ordinary Courts of the country, the procedure, orders and decrees of that Court will be governed by the ordinary rules of the Civil Procedure Code. 5. At the first hearing of the appeal their Lords....