Supreme Court of India · 1955-03-07
JUGALKISHORE SARAF vs RAW COTTON CO. LTD.
- Citation / case number
- SC 1954/90337
- Court
- Supreme Court of India
- Petitioner
- JUGALKISHORE SARAF
- Respondent
- RAW COTTON CO. LTD.
- Bench
- DAS, SUDHI RANJAN
Judgment text excerpt
The Supreme Court held that under Section 146 of the Code of Civil Procedure, a transferee of a debt that is the subject matter of a suit can apply for execution of the decree as a person claiming under the decree-holder. However, the Court clarified that a mere assignment of the debt without explicitly transferring the decree does not entitle the transferee to execute the decree under Order XXI, Rule 16. The dissenting opinion noted that equitable principles may allow a transferee to claim beneficial interest in a future decree, but this does not constitute a written assignment of the decree itself.