By virtue of Article 5 of the High Court (Bengal) Order, 1947 in regard to the territories now known as East Pakistan, the High Court of Dacca is vested with the same jurisdiction, original and appellate, which was before the partition exercisable by the High Court at Calcutta.
At the time of partition, there was in the Calcutta High Court, no insolvency jurisdiction, of an original character, in respect of any area now f. - within the Province of East Pakistan. Consequently by the effect of the High Courts (Bengal) Order, 1947, no original insolvency jurisdiction under the Act of 1909 became vested in the High Court of East Pakistan at Dacca.
But whereas provision has been made with regard to the Capital of Federation by specifying the limits of its ordinary original civil jurisdiction the High Court of East Pakistan at Dacca does not possess any ordinary original civil jurisdiction for the simple reason that no limits within which such jurisdiction may be exercised have ever been prescribed by competent legislative authority in respect of that High Court.
That being the case where an application is made by creditors for the declaration as insolvent of a person resident in the town of Dacca, the consequences are that by virtue of the amendment made in the Provincial Insolvency Act, die District Judge of Dacca has no jurisdiction in the case, and equally by virtue of the fact that no limits have been fixed for the ordinary original civil jurisdiction of the High Court of East Pakistan, that High Court also has no original jurisdiction to deal with the application. Abdus Sattar Vs. Arang Limited (1965) 17 DLR (SC) 147.