JUDGMENT

Iqbal Ahmad, J. - This is an appeal by a creditor against an order of special Judge, first grade, exercising jurisdiction under the Encumbered Estates Act (25 of 1934), dismissing the claim preferred by the appellant. The case furnishes a remarkable instance of the anomalies which arise by a literal interpretation of the various provisions contained in the Act and points to the desirability of the Legislature stepping in and making suitable amendments in the Act.

2. The question that arises for decision is whether claims preferred by creditors who advanced debts to landlord-applicants after the passing of the order u/s 6 of the Act, can or cannot be adjudicated upon by a special Judge in accordance with the provisions of Section 14 of the Act. The question arises under the following circumstances : The landlord-applicants, who are the respondents in the present appeal, filed an application before the Collector u/s 4 of the Act on 15th April 1936. The Collector, on 4th May 1936, passed an order u/s 6 of the Act forwarding the application to the special Judge. Thereafter on 24th May, 1936, Ramjatan Pandey, the appellant in the present appeal, is alleged to have advanced to the