ORDER : These two petitions raise the question whether a Court can entertain an application under S. 68 of the Provincial Insolvency Act, not filed within 21 days from the date of the sale h«ld by the Official Receiver. The sale now sought to be impugned was held on 21-12-1949. One of the creditors filed a petition on 23-1-1950 for setting aside the sale on the ground that it did not fetch proper price.

Pending that petition, the insolvent i.e., the present petitioner wanted to come on record on the allegation that the creditor was withdrawing the petition in collusion with the purchaser. This petition as well as the petition filed by the creditor were rejected on the ground that the latter was barred under the proviso to S. 68 of the Provincial Insolvency Act, which recites that no application under this Section shall be entertained after the expiration of 21 days from the date of the Act or the decision complained of. This having proved unsuccessful, the insolvent has brought these two revision petitions.

2. It is urged by Mr. Ramamurthy for Mr. Rama Rao, that a Court is not precluded from entertaining an application notwithstanding that it was filed beyond the time prescribed by t

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