Sundaram Chetty, J.

1. This is a civil revision petition filed against the judgment of the District Judge of Coimbatore in O.M.A. No. 31 of 1928 confirming the decision of the trial Court in an application under Sections 53 and 54, Provincial Insolvency Act 5 of 1920, for the annulment of the mortgage deed, Ex. 1, dated 9th October 1924, and executed by one Subbaraya Goundan (who was subsequently adjudged an insolvent) in favour of Subramaniam Ohettiar, by his agent Narayanan Ohettiar for Rs. 7,000. The applicant was one of the petitioning creditors at whose instance the debtor, Subbaraya. Goundan, was declared an insolvent. Both the lower Courts have given a concurrent finding that the aforesaid mortgage was a fraudulent preference in favour of one of the creditors within the meaning of Section 54 of the Act and on the strength of that finding annulled the mortgage as against the Official Receiver. The petition for annulment had to be filed by one of the creditors as the Official Receiver declined to take any action. There is no doubt that a creditor can make an application of this kind when the receiver refuses to act. The present civil revision petition was filed by the alie