TIRPIT THAKUR Vs. MAHANTH RAMPERKASH DAS

JUDGEMENT

(1.) The opposite party obtained a decree against the petitioner for Rs. 7,000 more or less. The petitioner then applied to be adjudicated an insolvent under the provisions of the Provincial Insolvency Act, and we are informed that his petition has been admitted. The opposite party has attached certain immovable property belonging to the petitioner in execution of his decree and the petitioner thereupon applied to the Court for stay of execution proceedings on the ground that he has applied for insolvency.

(2.) The application was apparently made under Section 52, Provincial Insolvency Act, which, it may be pointed out, does not confer any right upon the insolvent to make an application in the form in which ho has made it. Section 52 provides that:

(3.) It is obvious that the object of the section is not to give an advantage to the insolvent but to prevent individual" creditors deriving unfair advantage over other creditors and to place the property in the hands of a receiver for equal distribution to the general body of creditors. The section no doubt gives is right to the insolvent to make such an application but it is obvious that the application must be made for the general body of creditors and not for the insolvent, We are informed that the property has been attached in execution of the decree, so that we may say that the property is in the possession of the Court, and the only order which the Court can make on an application under Section 52 is that such property be delivered to the receiver.