RANDHIR SINGH, J.:- This is an application for revision which was originally instituted as a second appeal but was later treated, at the request of the appellant, as an application for revision arising out of proceedings under the Insolvency Act.

2. It appears that the applicant filed an application under the Provincial Insolvency Act for adjudging the opposite party an insolvent and the act of insolvency, which was alleged on behalf of the applicant, was that the opposite party, who was a partner in business with the applicant had not paid the profits which were due to the applicant on account of the business.

3. The application was resisted on behalf of the opposite party on the ground that such an application was not maintainable, firstly, because no relationship of creditor and debtor existed and secondly that the amount claimed was in the nature of unliquidated damages and as such the application was barred under the provisions of S.9(1) (b), Provincial Insolvency Act.

4. The Court of first instance upheld the objections raised on behalf of the opposite party and held that the amount said to be due by the opposite party was in the nature of unliquidated damages and as su