JUDGMENT

The appellant has preferred this appeal from the order of the Gujarat High Court in L.P.A. No. 297 of 1974. The Division Bench of the High Court, by the said order, confirmed an order of the learned single Judge who had, in turn, confirmed an order passed by the executing court rejecting the appellants application under 0. 21, R. 90 of the Code of Civil Procedure. The question which engaged the attention of the learned single Judge as well as the Division Bench was primarily the question as to whether the appellant was entitled to maintain the application under 0. 21, R. 90 in view of the fact that a petition for adjudicating him an insolvent had been preferred and had subsequently been ordered. The application filed by the appellant under 0. 21, R. 90 was dated 27-8-69 on which date there was no order of adjudication against him. However, an insolvency petition had been preferred against him on 24-6-68 and the adjudication order was passed on 7-8-80. The High Court has taken the view that the order of adjudication relates back to the date of the presentation of the insolvency petition and that the effect thereof was to take away the petitioners locus standi to maintain an