Judgment

MITTER, J. : This is an appeal by a certificate against a judgment of a Division Bench of the High Court at Chandigarh in Letters Patent Appeal No. 212 of 1961. The High Court allowed the appeal on the ground that the application out of which it arose was incompetent as barred by limitation and, in our opinion, it did so correctly. The short question before us is, whether the application leading to this appeal was one under S. 68 of the Provincial Insolvency Act, and as such having been made beyond the period of 21 days from the date of the act of the receiver complained of, was covered by the proviso to that section ? In substance, the argument on behalf of the appellant was that the application was one under S. 4 of the Act in which there is no mention of any period of limitation.

2. The facts necessary for the disposal of this appeal are as follows:- Brijlal and Hans Raj were two brothers. On an application having been made by the creditors of Brij Lal in the year 1949, the insolvency Judge, Barnala adjudicated him as an insolvent, on 23rd November 1954. Two day thereafter, one Mohinder Lal was appointed as a receiver in insolvency by the order of the Court and he was dir