Mohan, J.

1. The short facts leading to the appeal are as follows: On the Original Side of this Court under insolvency jurisdiction, I.P. No. 66 of 1977 was filed by a creditor viz. Munuswamy Reddiar for adjudicating the appellant M/S. Raghava and Veera Reddi as insolvents. This was on 6.8.1977. The first respondent viz. Lachhmandas filed Appln. No. 561 of 1977 under Section 92 of the Presidency Towns Insolvency Act, hereinafter referred to as 'the Act' f or substituting petitioning creditor in the place of he original creditor. In 1978, Appln. No. 70 of 1978 was filed by M/s Ajith India Private Limited for substitution under Section 92 of the Act. The petitioning creditor Munuswami Reddiar died on 17.4.1978. No legal representative's were brought on record on 7.9.1978 a request was made on behalf of the petitioning creditor to grant time to bring on record the legal representatives of the deceased petitioning creditor. Ismail, J. (as he then was) declined to grant time and dismissed the main petition I.P. No. 66 of 1977 along with Appln. No. 561 of 1977. Aggrieved by this order, O.S.A. No. 25 of 1979 was preferred by first respondent Lachhmandas in so far as Appln. No. 561 of