AIR 2003 (NOC) 203 (MAD) ::2003 (1) MadLW 772 ::2003 (1) MadLJ530 ::(2002) 3 Mad LJ 639

Madras High Court

Hon'ble Judge(s): S. Jagadeesan, D. Murugesan , JJ

Civil P.C. (5 of 1908) , O.21 R.98, O.21 R.102— Transfer of Property Act (4 of 1882) , S.52— Words "transferee from judgment-debtor" occurring in Rr. 98 and 102 - Include transferee of transferee from judgment-debtor - He is bound by ultimate decision in view of S.52 of T.P. Act, since transfer of property was made pendente lite. Interpretation of Statutes - Intention of legislature. Though Order 21, Rule 98 and 102 refer to the 'transferee from the judgment-debtor' the term "transferee from the judgment-debtor" would also include the transferee of a 'transferee from the judgment-debtor'. If the words "transferee of the judgment-debtor" mentioned in these Rules are to be interpreted to exclude transferee of the transferee from judgment-debtor, then the purpose of the restriction of transfer pendente lite and also the purpose of making certain provisions of CPC inapplicable to such transfer will become redundant. It is the duty of the Court to give full effect to the meaning of every word for the purpose for which the statute is enacted. In fact Rule 98 and 102 of Order 21, CPC must be read along with Section 52 of the Transfer of Property Act. In view of the statutory bar under S. 52 of the T.P. Act any transfer made by any of the party to the proceeding pendente lite is non-est in the eye of law because the transferee will be entitled for the....