Judgement

Appeal from a judgment and decree of the High Court (June 4, 1912) reversing a judgment and decree of the Subordinate Judge of Burdwan (September 8, 1909).

The respondents granted to certain lessees a lease of a colliery and sold to the lessees the equipment, including engines, boilers, offices, &c. On September 7, 1903, the respondents commenced a suit in the Court of the Subordinate Judge at Burdwan against the lessees to recover royalties due under the lease. On January 7, 1904, a mortgagee from the lessees obtained a decree against them. On June 22, 1904, the respondents obtained a decree in their suit and, on July 13, 1904, obtained thereunder an attachment against the colliery and equipment.

On September 8, 1904, the lessees filed in the High Court at Calcutta their schedule in insolvency, under the Indian Insolvency Act, 1848, and upon that date the usual order was made vesting their estate in the official assignee.

On September 10, 1904, an order was made by the Subordinate Judge staying the sale of the attached property, and on November 23, 1904, the Subordinate Judge ordered that notice should issue to the official assignee to shew cause why his name should not