Venkataramana Rao, J.

1. This appeal arises out of an application filed under S.. 4 of the Provincial Insolvency Act in the insolvency of one Mallayya by the 1st respondent who is a creditor of the said Mallayya. The relief sought is a declaration that the decree in O.S. No. 149 of 1932 on the file of the district Munsif s Court, Masulipatam, obtained by the appellant against the insolvent Mallayya and his sons, respondents 5 and 6 in this appeal, is a nullity in its entirety and does not bind the Official Receiver, Kistna who is the 2nd respondent here. It was alleged in the application that the said Mallayya was adjudicated insolvent on 20th January, 1932, that the appellant instituted the said suit subsequently without obtaining the leave of the Insolvent Court and obtained a decree against the insolvent personally and against the joint family property in the hands of his sons. The appellant stated in his affidavit that he was not aware of any insolvency when he filed the suit and that in any event the decree could not be set aside in its entirety and if at all, it could only be declared a nullity against the insolvent and not against his sons. The learned District Judge