Supreme Court · 1995 INSC 539 · Decided 6 September 1995
Surjit Singh and Ors ETC. ETC. v. Harbans Singh and Ors ETC. ETC.
- Court
- Supreme Court of India
- Citation
- 1995 INSC 539 · [1995] SUPP. 3 S.C.R. 354
- Case number
- CIVIL APPEAL No. 3413/1990
- Decided
- 6 September 1995
- Bench
- M.M. PUNCHHI, SUJATA V. MANOHAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
CiJMI~ of Civil Procedure, 1908: Order XX/I-Rule JO-Assignment of 1ights under preliminary decree against restraint orde1~Effect of-Suit for partition-Preliminary decre~Trial Court passing order pa1tition-Preliminary decre~Tlial Cowt passing order restraining parties from alienating suit decree to stranger~Applica­ tion for impleadment by assignee~Held: Assignment of lights under prelimi- D nary decree is per se prope1ty for it relates to immovable property involved in suit-Assignment in defiance of restraint order in non est-Assignees have no cause to be impleaded as
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