Judgement

Appeal (No. 114 of 1932) from a decree of the High Court (January 18, 1932) reversing an order of the District Court of Henzada (March 30, 1931).

In an insolvency under the Provincial Insolvency Act, 1920, the respondent applied to the District Court to be placed on the schedule of creditors directed to be framed by s. 33. The District Court rejected the application on the ground that the alleged indebtedness was not proved. On an appeal to

Law. Rep. 61 Ind. App. 158 ( 1933- 1934)

Maung Ba Thaw V. Ma Pin 2

the High Court under s. 75, sub-s. 2, of the Act, that Court directed that the respondents name should be included in the schedule as a creditor for Rs. 18,691, a. 9.

The appellant, the receiver in the insolvency, appealed to the Privy Council, having obtained a certificate from the High Court that the case was a fit one for appeal under the Code of Civil Procedure.

1933. Nov. 13. Parikh for the respondent. This appeal is not competent. The Provincial Insolvency Act, 1920, provides by s. 4, sub-s. 2,that the decision of the District Judge is to be final "notwithstanding anything contained in any other law for the time being in force." The effect is to exclude the provisio