JUDGMENT

B.K. Mukherjea, J. - This rule is directed against an appellate order of Mr. S.K. Ganguly, Additional District Judge, Alipore, passed in Misc. Appeal No. 256 of 1941, affirming an order made by the Sub-Judge, fourth Court of that place, in exercise of insolvency jurisdiction, u/s 37, Provincial Insolvency Act. The material facts are not in controversy and may be shortly stated as follows : The petitioner before us was adjudicated an insolvent on his own application on 26th July 1940. The adjudication order directed the insolvent to apply for his discharge within 26th January 1941. The insolvent as it appears from the order sheet, did put in an application for discharge on 21st January 1941, but as the requisite process fees were not paid, the application was not heard on that date. After several adjournments it came up for hearing on 16th May 1941 and as the insolvent was absent on that date the Court made the following order:

The insolvent does neither appear nor take any step to-day though the date was fixed for hearing the discharge matter. Ordered : that the application for discharge is dismissed for non-prosecution. The adjudication is hereby annulled. O.R. to deal with