Two preliminary objections have been raised by the Respondents Pleader. The first is that no appeal lies. It is true that under Order 43 of the new Civil Procedure Code, incorporated in the Consolidation Regulation, there is no distinct provision for an appeal from an order passed under Order 21-A clauses 8 and 16; but this is manifestly due to an inadvertent omission. Order 21-A clauses 1 to 17 have been bodily taken from Chapter XX of the old Civil Procedure Code- Act 14 of 1982. They are indeed verbatim copies of sections 344 to 360 of the old Civil Procedure Code, in which section 588 sub-section 17 clearly provided an appeal from orders in insolvency proceedings. In the new Civil Procedure Code- Act 5 of 1908, the whole Chapter XX relating to insolvency proceedings was omitted for the simple reason that a separate and distinct Provincial Insolvency Act of 1907 had been passed, which in section 46 gave the right of appeal to he aggrieved party. In the Civil Procedure Code incorporated in the Consolidation Regulation, Order 43 of the British Indian Code of 1908 has been copied out without the necessary addition of the provision of section 46 of the Provincial Insolvency Act of 1

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