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march 1955

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.

JUGALKISHORE SARAF vs RAW COTTON CO. LTD. · Niyam