1. The question that this appeal raises is, whether the respondent has proved his debt within the meaning of Section 78, Provincial Insolvency Act. A certain Malli firm filed a suit claiming an amount against the appellant. During the pendency of the suit, the appellant applied to be adjudicated an insolvent, and the Insolvency Court appointed an interim receiver to take possession of his properties. Thereupon, the plaintiff, Malli firm, applied to the Court where the suit was pending, that the interim receiver might be brought on the record. That application was refused and eventually a decree was passed in favour of the plaintiffs. That decree contained a clause which ran thus: "The plaintiff may prove their debt in insolvency."

2. Some time after the passing of the decree, the appellant was adjudicated an insolvent. Then the decree was assigned by Malli firm in favour of the present respondent. We are now concerned with what happened subsequently. He applied to the insolvency Court, that he might be recognized as the insolvents creditor, in the place of Malli firm. In the affidavit which he then filed, he stated expressly, that the decree directed that the claim was to be