Ibrahim Bai V. Herft, Et Al.,

1942 Present: Soertsz and de Krester JJ.

IBRAHIM BAI, Appellant, and HERFT, et al., Respondents.

77-D. C. Kandy, I 3.

Insolvency-Grant of certificate to insolvent-Right of a creditor to prove a" debt thereafter-Insol11ency Ordinance, s. 93.

A creditor is entitled to prove a debt in the course of an insolvency case even after the granting of a certificate to the insolvent, provided he obtains from the Court a sitting for the proof of the debt after due notice thereof has been given.

APPEAL from a judgment of the District Court of Kandy.

N. Nadarajah, K.C. (with him H. W. Thambiah), for the proving creditor, appellant.

No appearance for the proved-creditors, respondents.

March 6,1942. SOERTSZ J.-

This is an appeal by one Ibrahim Bai who, professing to be a creditor of the Insolvent in a sum of Rs. 1,560, sought to prove that debt in the course of an insolvency case. He made his application on April 4, 1941. The learned District Judge refused to allow this application on the ground that it was too late for him to prove a debt in view of the fact that a certificate in the 3rd class had been granted to the Insolvent. The learned

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