( 1 ) THE interesting question involved in this civil revision petition is, as to whether the decree-holder, who obtained an order of attachment before judgment under order 38, Rule 5 of the Code of Civil procedure and subsequently got the suit decreed in his favour is a secured creditor, as contemplated under Section 28 (6) of the provincial Insolvency Act, 1920 (for short the Act ).

( 2 ) THE petitioner is the judgment-debtor and the respondent is the decree-holder.

( 3 ) FOR the sake of convenience, the petitioner and the respondent will be referred to as the "judgment-debtor and the decree- holder " respectively.

( 4 ) THE facts that lead to the present controversy and which are not in dispute are as under:

( 5 ) THE respondent filed the suit for recovery of money and obtained an order of attachment of properties of the petitioner before judgment under Order 38, Rule 5 of code of Civil Procedure. Eventually, the suit was decreed in his favour and an execution petition had also been filed in the year 2002. During the pendency of the execution proceedings, it was brought to the notice of the Executing Court that the judgment-debtor had already filed I. P. No. 1