Madhavan Nair, J.

1. The facts of this case are not disputed. In execution of a decree against the respondent, his properties were brought to sale on the 27th of June, 1922, and his auction-purchaser deposited 25 per cent, of the sale-proceeds in the District Muasiffs Court at Tiruppur. On the 1st of July, 1922, an Insolvency Petition was filed against the 2nd respondent and the Official Receiver was appointed interim Receiver, on the 4th of July, 1922. The balance of the purchase-money was deposited on the 11th of July, 1922, and the 2nd respondent was adjudicated an insolvent, on the 15th of September, 1922. In the meanwhile, the sale-proceeds of the 2nd respondents properties were forwarded to the Official Receiver by the District Munsiff. On the 26th of July, 1922, an application was filed before the District Judge of Coimbatore by the creditor, who attached the properties and brought them to sale for the re-transfer to the District Munsifs Court of Tiruppur of the sale-proceeds, to be dealt with by him, according to law. The petitioning creditor who applied under the Insolvency law for the adjudication of the debtor as an insolvent and for the appointment of the interim