(1.) The petitioner in this Revision Petition was adjudged as insolvent and petitioner in 1 A. 7/80 in I.P. 9/78. The petition was filed under Sec. 4 of Act 7 of 1977 read with Sec. 35 of the Provincial Insolvency Act to annual the adjudication on the ground that the petitioner is a small farmer entitled to benefits of Act 7 of 1977.
(2.) The Court below dismissed the petition holding that "Insolvency petition already dismissed. Hence this petition is dismissed". The lower court perhaps considered that a petition for setting aside the order forming the subject matter of C.R.P. 5166/1981 adjudicating the petitioner as insolvant ex parte is dismissed and therefore this is also dismissed.
(3.) The learned counsel for the petitioner contended that no reasons have been assigned for dismissing this petition and in any event the petitioner is entitled to plead that he is entitled to the benefits of Act 7 of 1977 and in the event of holding that he is a small farmer the debt would be discharged by operation of law and there by the adjudication has to be annulled under Sec. 35 of the Provincial Insolvency Act. The learned counsel for the respondent sought to sustain the order on the ground that it is not competent for the petitioner to claim the benefits of Act 7 of 1977 at this stage as the adjudication has become final nil Sec. 35 of the Provincial Insolvency Act does not enable the petitioner to get the adjudication annulled on this ground.