1. The question before us is whether the appeal lies to the District Court or to the High Court. The suit in which the order was passed was one in which the subject-matter was over Rs. 5,000 in value and the appeal in the suit therefore lay to the High Court.

2. As Section 589, Civil Procedure Code, was first enacted appeals from orders specified under Section 588, Clause 17, lay in all cases to the High Court. This was modified by Act VII of 1888 in which the court to hear the appeal in the suit was made to hear the appeal against the orders in insolvency matters. The section thus modified failed however to provide for cases in which orders in insolvency matters were passed by courts of small causes, and by Section 3, Act X of 1888, it was provided that an appeal from an order specified in Section 588, Clause 17, should lie (a) to the District Court when the order was passed by a court; subordinate to that court, and (b) to the High Court in any other case.

3. The question therefore is whether Clause (a) operates to transfer the jurisdiction from the High Court to the District Court in cases in which the subject-matter of the suit is over Rs. 5,000 in value.

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