Oldfield, J.

1. Plaintiff, here appellant, purchased the mortgage right now sued on at a sale held by the Official Receiver, Tanjore District in the insolvency of 4th defendant and has sued 1st defendant, the mortgagor, to recover by sale of the mortgaged property. The only defence with which we are concerned at present, is that plaintiff did not obtain the mortgage right by his purchase, because it had not vested in the Official Receiver and could not be sold by him. The lower Courts accepted this with reference to Official Receiver, Trichinopoly v. Somasundaram Chetty, in which two learned Judges held that, when, as in the present case, an adjudication of insolvency is made by an Official Receiver in the exercise of the powers delegated to him under Section 52(1)(a) Provincial Insolvency Act, the Insolvents Estate does not vest in him under Section 18 or any other provision and will not do so, unless an order vesting it in him is passed by the Court. Official Receiver, Trichinopoly v. Somasundaram Chetty (1916) 30 M.L.J. 415 has not been judicially noticed except by one of the learned Judges responsible for it in Rama Krishna Aiyar v. Official Receiver Trichinopoly (1917)