Supreme Court · 2005 INSC 616 · Decided 14 December 2005
Saraswati Devi Gupta v. Sudha Rani and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 616 · [2005] SUPP. 5 S.C.R. 746
- Case number
- CIVIL APPEAL No. 6708/2001
- Decided
- 14 December 2005
- Bench
- B.P. SINGH, ALTAMAS KABIR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 21
Headnote
Code of Civil Procedure, 1908: Order 21 Rule 16-Application for execution by transferee of decree- C Decree-holder transferred decree by assignment to the transferee-Supreme Court upheld the assignment-when the decree was put in execution, the judgment-debtor raised an objection that the well as the Revisional Court-But the High Court directing the D Executing Court to decide the question as to whether there was a genuine and valid assignment in favour of the transferee-Correctness of-Held: The right of the transferee as an assignee was upheld by Supreme Court­ Therefore,
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