The main legal point established is that the provisions of the Provincial Insolvency Act regarding insolvency, annulment, and the vesting of property in the court or Official Receiver were interpreted and applied to determine the validity of the Sale Notice and Proclamation of Sale.

Challenging issuance of Sale Notice and issuance of Proclamation of Sale, Judgment Debtor has preferred this Revision.

2. This Revision arises on the following facts:-Respondent has obtained a Money Decree in his favour for a sum of Rs.9,525/-with subsequent Interest and costs in O.S.No.35 of 1998 based on a Promissory Note executed by Revision Petitioner. For realisation of the Decree amount, Respondent / Decree Holder filed E.P.No.52 of 2001 on the file of DMC, Tiruvannamalai. The Judgment Debtor was arrested and produced before the Court. As Judgment Debtor has not paid the amount, he was sent to Civil Prison and he was lodged in Central Prison, Trichy. Revision Petitioner filed an Insolvency Petition in I.P.No.13 of 2002 on the file of DMC, Trichy and the Petition was allowed on 211. 2002. Immediately on filing of Insolvency Petition, Judgment Debtor was released from Civil Prison. Judgment Debtor had not further pursued the Insolvency Petition and got himself discharged.

3. Decree Holder has again filed Execution Petition in E.P.No.164 of 2002 on the file of DMC, Tiruvannamalai for Attachment and Sale of House Property and another Item of Immovable property. Judgment Debtor entered appearance and contested the matter. Execution Court has ordered sale and issued Proclamation to proclaim and sale on 01.09.2004. Challenging Proclamation of Sale, the Judgment Debtor has preferred this Revision.

4. Main contention of Revision Petitioner is that he was declared to be an Insolvent in I.P.No.13 of 2002 and once Insolvency is declared, all the property of the Insolvent would be vested in Court or with an Official Receiver as per Sec.28(2) of the Provincial Insolvency Act and only Official Receiver has to bring the property to sale to discharge the Debts. It was further contended that ignoring the order in I.P.No.13 of 2002, Execution Court has erroneously ordered Attachment of Properties and ordered Sale in E.P.No.164 of 2002. Before the Execution Court, Judgment Debtor had also filed Counter to that effect and also examined himself as R.W.1.

.5. Under the Provincial Insolvency Act, a Debtor whose debts amount to Rs.500/-or who is under arrest or imprisonment in execution of a decree for payment of money or against whom an order of attachment in execution of such decree has been made, may apply to the Court for being adjudicated as insolvent. After a debtor is adjudicated an insolvent, his assets come within the control and purview of the Insolvency Court and he is afforded certain protection and immunities from arrest and his property being proceeded with in execution of decrees. Remedies by way of suits etc., cannot be taken against him. The State of Insolvency begins from the date of adjudication and ends (a) when a discharge is given by the Insolvency Court under Section 41 of the Provincial Insolvency Act, or (b) when insolvency is annulled under the Act. An order of annulment of adjudication of insolvency may be passed under Sec.35 or Sec.43 of the Act. Annulment under Sec.35 is ordered where a debtor ought not to have been adjudicated as insolvent, or, in case debts of the insolvent have been paid in full. According to Sec.43 of the Act, if debtor does not apply for an order of discharge within the period specified by Court, or, does not appear when application for discharge comes up for hearing, the Court may annul the insolvency. This latter provision is apparently a measure of penalty for any default on the part of insolvent so that he does not enjoy any immunities or safeguards provided by his continuing as an insolvent. However, the effect of annulment, whether made under the provisions of Sec.35 or Sec.43 of the Act, is the same viz., those provided under Sec.37 of the Act. The person is restored back to the original position of a debtor before he was adjudicated an insolvent.

.6. Sec.13 of the Act imposes upon the Petitioning Debtor to state the amount and the particulars of all his property and of