In this appeal a point of some significance on which there is divergence in the views expressed in judicial pronouncements has to be considered, and as the matter relates to the jurisdiction of Courts we shall discuss it with some fulness of detail.

The appellant before us is the Ramnad District Central Co-operative Bank and the respondent is the Official Receiver of Ramnad District. The contest is between an official on the one side and a quasi-Government department on the other. One Syed Mohammad Rowther was adjudged an insolvent in I.P.No.1 of 1947 on the file of the District Court of Ramnad and all his estates became vested in the Official Receiver of Ramnad. The insolvent was the President of a certain Co-operative Society as well as a Director of the Ramnad District Central Co-operative Bank. The Co-opertative Society was a debtor to the Co-operative Bank in a large sum of money and the insolvent executed a security bond to the Bank for that sum. The Bank later on applied to the Deputy Registrar of Co-operative Societies to pass an award, A.R.C.No.87/1947-48 for a sum of Rs.83,000/-and odd against the insolvent, to be recovered by the sale of the properties h