Supreme Court of India
Vaishno Devi Construction Rep. Thr. Sole Proprietor (d) Thr. Lrs & Anr. v. Union of India & Ors.
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What the Court ordered
We are of the view that the objective of amending Order XXI Rule 16 of the CPC by adding the Explanation was to deal with the scenario as exists in the present case, to avoid separate suit proceedings being filed therefrom and to that extent removing the distinction between an assignment pre the decree and an assignment post the decree.
Judgment, page 12
From the headnote
Code of Civil Procedure, 1908 – Or.XXI, r.16 – Execution o f Decrees and Orders – Application for execution by t ransferee 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 its 54th Report on the CPC in 1973 – The Explanation was inserted by Act 104 of 1976 [Code of Civil Procedure (Amendm ent) 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 “after the decree is passed” and thus, while a
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