A. M. BHATTACHARJEE, J.

( 1 ) - We have granted leave under Section 75 (3) of the Provincial Insolvency Act, 1020, to appeal against the impugned order passed by the Fourth Additional District Judge, Alipore and we have thought that the matter should now go to the Officer concerned of the Judicial Department of this Court who would admit the appeal, cause it to be registered and posted to the appropriate Bench for hearing under Order 41, Rule 11 of the Civil Procedure Code.

( 2 ) MR. R. N. Mitra, the learned Counsel for the appellant, has however urged that this appeal having been provided for by Section 75 of the Provincial Insolvency Act is to be regulated only by the provisions of the said Act and not. by the provisions of Order 41 of the Code of Civil Procedure. In support of his submission Mr. Mitra has relied on a Division Bench decision of the Nagpur High Court in Wamanrao vs. Shrikumar (A. I. R. 1946 Nag-pur 42) where it has been held (at 43) that in the matters of appeals in insolvency cases, the courts must be governed by Section 75 of the Act which deals with question of appeals, and "must not look to the provisions of the Civil Procedure Code". Mr. Mitra has also refe

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