Supreme Court · 2021 INSC 655 · Decided 21 October 2021
Vaishno Devi Construction REP. THR. Sole Proprietor (D) THR. LRS & ANR. v. Union of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 655 · [2021] 10 S.C.R. 59
- Case number
- CIVIL APPEAL No. 18278/2017
- Decided
- 21 October 2021
- Bench
- SANJAY KISHAN KAUL, BHUSHAN RAMKRISHNA GAVAI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 146
Headnote
Code of Civil Procedure, 1908 - Or.XXI, r.16 - Execution of Decrees and Orders - Application for execution by transferee of decree - Addition of the Explanation to Or.XXI, r.16 of the CPC, pursuant to recommendation made by the Law Commission of India in on the CPC in 1973 - The Explanation was inserted by Act 104 of 1976 [Code of Civil Procedure (Amendment) Act, 1976] w.e.f. 01.02.1977 - In Jugalkishore Saraf case, it was held that Or.XXI, r.16 contemplates the actual transfer of the decree by an assignment in writing executed
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