JUDGMENT

R.C. Mitter, J. - The appellant before me got a decree for money against one Abdul Hamid on 4th November 1933. Later on, on 22nd December 1933, the said Abdul Hamid was adjudicated an insolvent on the application of another creditor and the respondent, Mr. Percival, was appointed Receiver. He however failed to apply for his discharge with the result that on 15th August 1934 his adjudication was annulled. On that date, however, the Court did not vest his properties in any person, but later on a creditor moved the learned District Judge for making an order u/s 37, Provincial Insolvency Act, for vesting his properties in a person to be appointed by him. The learned District Judge on 18th September 1934, made such an order appointing Mr. Percival, as the person in whom the properties are to vest. The appellant before me filed an application for execution of his decree against Abdul Hamid on 28th January 1935, in the 4th Court of the Munsif at Chittagong. In the said application he prayed for sale of some Immovable properties which according to the purport of the aforesaid order of the learned District Judge dated 18th September 1934, had vested in Mr. Percival. Mr. Percival fil