(1.) This is a reference by the Third Judge of the Court of Small Causes.
(2.) The following questions have been referred :- (1) Where after a debt has become due and payable and time has begun to run against the creditor, the debtor is adjudicated insolvent and his petition is subsequently dismissed and the adjudication order cancelled if the creditor institutes a suit thereafter against the debtor to recover the debt, is the time during which insolvency proceedings were pending to be deducted in computing the period of limitation ? (2) Is Section 17 of the Presidency Towns insolvency Act a bar absolute to the creditor's right to institute a suit so as to enable creditor to claim a deduction of the time during which the insolvency was pending, in computing the period of limitation in any suit brought by the creditor after the insolvency proceedings are quashed ?
(3.) Judgment in the case was delivered by the Third Judge Contingent on the opinion of the High Court under Section 69(2) of the Presidency Small Cause Courts Act. But in spite of that the defendant applied to the Full Court. This would seem to be irregular as there was no decree or order against which an appeal would lie. Though the appeal was heard by the Full Court and both Judged were of opinion that a case should be stated, still the reference comes before us as on a case stated by the Third Judge alone.