( 1 ) ON 29-6-1953 the respondent Hugh Osbert Sheane Smith obtained a decree in the Small Cause Court Suit No. 1150 of 1953 against Frank Morton Fisk.

( 2 ) ON 12-1-1954 the Court of Small Causes issued a prohibitory order under Order 21, Rule 48, C. P. O. directing the Accountant General, West Bengal, to withhold Rs. 655/9/6 from the salary of the judgment-debtor.

( 3 ) SHORTLY thereafter the judgment-debtor paid a sum of Rs. 250/- to the judgment-creditor and only a sum of Rs. 405/9/6 remained dne to the judgment-creditor.

( 4 ) ON 22-4-1954 the Accountant-General, West Bengal, sent to the Court of Small Causes a cheque No. 138857 dated 1-4-1954, for a sum of Rs. 550/-which had been withheld from the salary of the judgment-debtor.

( 5 ) ON 3-4-1954 the Court returned the cheque to the Accountant-General, West Bengal, for correction. Tne Court did not accept the cneque in view of the fact that only Rs. 405/9/6 was then due to the judgment-creditor.

( 6 ) ON 5-4-1954 the judgment-debtor was adjudged insolvent by this Court on a petition presented by him to this Court on the same date.

( 7 ) BY a letter dated 27-4-1954 the Official Assignee, Calcutta, informed th