The application filed by the appellant under Order 21, Rule 90 was dated 27 8 69 on which date there was numberOrder of adjudication against him.
However, an insolvency petition had been preferred against him on 24 6 68 and the adjudication Order was passed on 7 8 80.
The question which engaged the attention of the learned single Judge as well as the Division Bench was primarily the question as to whether the appellant was entitled to maintain the application under Order 21, Rule 90 in view of the fact that a petition for adjudicating him an insolvent had been preferred and had sub sequently been Ordered.
The appellant has preferred this appeal from the Order of the Gujarat High Court in L.P.A. No.
The Division Bench of the High Court, by the said Order, companyfirmed an Order of the learned single Judge who had, in turn, companyfirmed an Order passed by the executing Court rejecting the appellants application under Order 21, Rule 90 of the CPC.
297 of 1974.
