UMMADI BALA VENKATA REDDI Vs. KANALA NARAYANA REDDI

JUDGEMENT

(1.) This is an appeal from an order of the District Judge of Cuddappah allowing an application by two creditors of an insolvent to set aside the sale held on 18th February 1944 by the Official Receiver of certain properties of the insolvent.

(2.) The appeal was filed without the leave either of the District Court, Cuddappah, or of this Court; and the preliminary objection has been taken that this appeal is not therefore competent. This objection is sound. Section 75(2) and (3), Provincial Insolvency Act, provide for appeals from two classes of orders, namely, those falling within Schedule 1 of the Act and those falling outside that schedule. In respect of orders falling under Schedule I an appeal lies as a matter of right. In respect of other orders the party has not an unqualified right of appeal; he has to obtain the leave either of the District Court or of this Court. In the present case admittedly no such leave has been obtained. An attempt was made to argue that the appeal has been "admitted" and that the 'admission' of the appeal is tantamount to the grant of leave. There is really no substance in that contention at all. The appeal was "admitted" as a matter of routine in the office and there was no order of any Judge of this Court admitting the appeal. The leave referred to in Section 75(3), Provincial Insolvency Act, is clearly leave granted by a Judge of this Court and not by any of its administrative officers.

(3.) It was next argued that in some cases Courts have granted leave to appeal even on an oral application made at the time of the hearing. It may very well be that there were sufficient grounds for granting leave in those cases; bat we do not think that in the circumstances of this case leave should be granted merely because it is now asked for.