AIR 1968 MADRAS 190 ::1980 MadLW 562 ::(1967) 2 MadLJ281 ::ILR (1967) 1 Mad 739

Madras High Court

Hon'ble Judge(s): Kailasam , J

(A) Limitation Act (9 of 1908) , Art.182(5)— 'In accordance with law' - Application for execution by transferee of rights in property - Claim of transferee that he was assignee of decree-holder rejected - Held in spite of rejection of his claim application would be in accordance with law and could be taken as step-in-aid of execution. AIR 1924 Mad 673 and AIR 1955 Pat. 234 and AIR 1964 Orissa 107 (110), Ref. (Para 9) (B) Civil P.C. (5 of 1908) , O.21 R.16, S.146— Transferees not falling within provisions of O.21, R.16, may avail themselves of provisions of S.146 - AIR 1955 SC 376 and AIR 1958 SC 394, Foll. - Person claiming benefit of decree by assignment of property after decree is passed can avail himself of provisions of S.146. AIR 1965 Andh Pra 81 and AIR 1964 Pat 311 and 1960 Ker LT 1077. Rel. on. 1964-2 Mad L.T 563, Dissent, from. (Para 13 16) .....