1. This Civil Revision Petition raises the question whether the recent decision of the Privy Council in Mahomed Siddique Yousuf v. Official Assignee of Calcutta (1878) 10 Ch. D. 3 applies to orders of adjudication under the Provincial Insolvency Act as well as to orders of adjudication under the Presidency Towns Insolvency Act.

2. To appreciate the full effect of the judgment in that case a short statement of the facts, on which it is founded is necessary. One Ali Mahomed Hashi was adjudicated an insolvent by the High Court of Calcutta. It was alleged and found that he had committed several acts of insolvency. One of the acts alleged against him was the granting of a fraudulent preference to a creditor (the appellant in the Privy Council). To this creditor he had assigned within three months of the petition asking for his adjudication a decree which he had obtained for Rs. 6,750 and interest. The assignee had hot been given notice of the application for adjudication and had not been made a party to the insolvency proceedings. The date of the order of adjudication was the 13th June, 1939. On the 5th April, 1939, the petitioning creditor obtained a decree against the insolvent