(a) Provincial Insolvency Act (1920), S. 4 - Jurisdiction of Insolvency Court if exclusive - Separate suit if barred ___ (Civil P. C. (1908), S. 9).

What S. 4 purports to do is to confer power or. the Insolvency Court to decide certain questions, and where a question is decided by it then under sub-s. (2) of S. 4 its decision shall be final and binding and can no longer be challenged in any other proceeding. It does not confer exclusive jurisdiction on the Court to deal with such questions. Hence a suit by the creditors for a declaration that the property purchased by them in execution of a decree against the insolvent is not liable to attachment and sale in insolvecy proceedings pending against him will not be barred if the question raised in the suit has not been decided by the insolvency Court. (Para 6)

Anno: AIR Man. Provincial Insolvency Act, S. 4 N. 3; AIR Com., C. P. C, S. 9 N. 50.

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