Wadsworth, J.

1. This appeal relates to certain complications which took place following the insolvency of defendant 2. The appellant here is the Official Receiver of Guntur who is defendant 1 in the suit. The plaintiff got a decree on 16th December 1930 against the insolvent and had made one ineffective attempt to execute it before the insolvency petition was filed in 1931. The adjudication was in 1932 and the Official Receiver in the administration of the estate sold certain assets of the insolvent and his three sons. The decree-holder proved for his debt before 25th March 1935. The Insolvency Court sanctioned the distribution of a dividend out of the realisations, which amounted to more than Rs. 9000. Unfortunately, the dividend had not been distributed when on 31st August 1936 the Insolvency Court annulled the adjudication for failure of the insolvent to apply for his discharge. It appears that this annulment order was passed without any enquiry regarding the state of the administration and no vesting order was passed. On 24th September 1936 one of the creditors filed an application in the Insolvency Court, praying for the re-vesting of the assets of the ex-insolvent in