JUGALKISHORE SARAF versus RAW COTTON CO. LTD.

JUGALKISHORE SARAF versus RAW COTTON CO. LTD.

Respondents, as transferees of the debt which was the subject-matter of the suit, are entitled to execute the decree under section 146 of the Code of Civil Procedure as persons claiming under the decree-holder, but not as transferees by assignment in writing under Order XXI, rule 16 unless there has been an actual transfer of the decree after it is passed.

Parties
Appellant: Jugalkishore Saraf; Respondent: Raw Cotton Co. Ltd.; Original Plaintiffs: Habib & Sons
Jurisdiction
India
Judgment Date
07 March 1955
Procedural Posture
Civil Appellate / Appeal From Judgment and Decree of the Bombay High Court Under Letters Patent Against the Decree Arising Out of the Order of the City Civil Court, Bombay, in Summary Suit No. 233 of 1948
Outcome
Appeal dismissed
Legal Topics
Execution of Decree, Assignment of Debt, Transfer of Property, Operation of Law, Order XXI Rule 16, Section 146 CPC
Civil Procedure Execution of Decree Assignment of Debt Transfer of Property Operation of Law Order XXI Rule 16 Section 146 CPC

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Parties

Jugalkishore Saraf

Appellant

Raw Cotton Co. Ltd.

Respondent

Habib & Sons

Original Plaintiffs

Procedural Posture

Civil Appellate / Appeal From Judgment and Decree of the Bombay High Court Under Letters Patent Against the Decree Arising Out of the Order of the City Civil Court, Bombay, in Summary Suit No. 233 of 1948

Legal Issues

  1. 1 Whether a transferee of a debt pending suit is entitled to execute the decree under Order XXI, Rule 16 or Section 146 of the Code of Civil Procedure
  2. 2 Whether an assignment of debt entitles the transferee to be treated as a transferee of the decree
  3. 3 Applicability of equitable principles to assignment of a decree

Ratio Decidendi

Respondents, as transferees of the debt which was the subject-matter of the suit, are entitled to execute the decree under section 146 of the Code of Civil Procedure as persons claiming under the decree-holder, but not as transferees by assignment in writing under Order XXI, rule 16 unless there has been an actual transfer of the decree after it is passed.

Court Disposition

Appeal dismissed

Orders

  • Respondents are permitted under section 146 of the Code of Civil Procedure to execute the decree passed in favour of Habib & Sons, as persons claiming under the decree-holder.
  • Appeal dismissed with costs.