( 1 ) THIS is an appeal against the Order of remand passed by the Additional Subordinate Judge of Tenali. An objection was raised in the Lower Appellate Court that a leave of the Insolvency Court was not obtained under S. (2) of the Provincial Insolvency Act, the suit was not maintainable. The Appellate Judge permitted the objection to be taken even though it was not raised in the trial court and remanded the case, to give an opportunity to the plaintiff -appellant herein to meet that objection.

( 2 ) THE main argument addressed by Sri B. Punyakoti Chetty, the learned Advocate for the appellant is that, as objection was not taken in the trial court, the objection must be deemed to have been waived, as held by Bardswell J. in -- Satyamma v. Official Receiver, Masulipatam, AIR 1933 Mad 917 (A ). Section 28 (2), Provincial insolvency Act is in the following terms :"on the making of an Order of adjudication the whole of the property of the insolvent shall vest in the court or in a Receiver as hereinafter provided and shall become divisible among the creditors, and thereafter except as provided by this Act, no creditor to whom the insolvent is indebted in respect of any