Horace Owen Compton Beasley, Kt., C.J.

1. The plaintiff filed a suit against the Official Receiver in an insolvency claiming half the amount of the costs which he had paid as an unsuccessful co-defendant in a partition suit filed against him, the debtor and others. The decree so far as it relates to costs, and to the petitioner is against him jointly and severally. His claim in the suit filed by him is that as he was forced by reason of the terms of the decree for costs to pay up the whole of the costs he is entitled to claim from the debtor half the amount which he (the petitioner) was compelled to pay. The lower Court has dismissed the suit on the ground that the leave of the Court to file the suit had not been obtained as is required by Section 28(2) of the Provincial Insolvency Act. A few further facts must first be stated; and these are that the suit in respect of which the costs were awarded against the present petitioner was a suit for partition brought by a younger brother of the debtor claiming that certain alienations which had been made were to be set aside--and for this purpose the alienees were made party defendants--and also to have declared void certain bonds