Horwill, J.-The present appeal, purporting to be under section 75 of the Provincial Insolvency Act, is against the order passed by the District Judge of Nellore in an application filed by the appellants (insolvents) under sections 4 and 5 of the Act, praying that a certain composition scheme be declared to be pending, that two interlocutory applications which were disposed of be reopened, and that Chalavadi Ramayya, the respondent, be removed from the schedule of creditors and directed to deposit a sum of Rs. 386-10-8 into Court. At the end of paragraph 10 of his judgment, the learned District Judge dismissed the application as clearly untenable.

The main question argued before me is a preliminary one; whether an appeal lies on the ground that the insolvent has merely a spes and no legal interest in the property and is not therefore a person aggrieved. Reference has been made to the Full Bench decision of this Court in Harirao v. Official Assignee, Madras1, where in considering the question whether an appeal lay under section 8(2) of the Presidency Towns Insolvency Act by an insolvent, it was held that the insolvent was not a person aggrieved and that an appeal did not there