1. One Chhotubhai obtained a decree against the respondent for Rs. 559-5-6 in Civil Suit No. 120 of 1939 of the file of the Civil Judge (Junior Division) at Broach. The decree was passed on 17-11-1939. The decree was assigned by the decree-holder Chhotubhai to the petitioner. The petitioner as assignee of the decree filed, on 5-12-1950, an application in the Court of the Civil Judge (Senior Division), Broach, exercising Insolvency jurisdiction for serving a notice of insolvency upon the respondent under Section 6A of the Provincial Insolvency Act.

The respondent failed to comply with the notice within one month. The Insolvency Court at Broach passed an order on 23-2-1951, "holding that an act of insolvency had been committed by the respondent. The petitioner then applied on 23-4-1951 by Miscellaneous Application No. 2 of 1951 to the Insolvency Court at Broach for an order adjudicating the respondent an insolvent.

The respondent appeared in answer to the notice and contended that the Court at Broach had no Jurisdiction to adjudicate him insolvent. The Insolvency Court at Broach accepted the contention of the respondent and by order dated 14-11-1951 ordered that the petition