1944 Present: HOWARD C.J. and de Kretser J.

GANY, Applicant, and HAY, Respondent.

23-D.C., Kandy, 170.

Insolvency-certificate of conformity-Application to revise order allowing  certificate - delay on part of creditor-Withholding of facts-Insolvency Ordinance (Cap.88) ss. 133 and 137.

An application by a creditor under section 133 of the Insolvency Ordinance to revise an order allowing a certificate to an insolvent may be refused where the application has been unduly delayed and where the applicant has been guilty of a conspiracy of silence regarding facts within his knowledge.

Semble where an insolvent opposes a claim made against him, the certificate granted to him would be of no avail to him upon proof of the facts stated in section 127.

APPEAL from an order of the District Judge of Kandy.

H.V. Perera, K.C. (with him A. Seyed Ahamed), for the proved creditor, appellant.

No appearance for the insolvent, respondent.

Cur. adv. vult.

October 25, 1944. DE KRETSER J.-

After the insolvent had been granted a certificate of the third class on May 15, 1942, and after his assets had been distributed, the appellant, who was one of the earliest credit