https://www.taxtmi.com/caselaws?id=174337 A decree not yet in existence at the time of assignment is not transferred for execution under Order XXI, rule 16 unless the decree itself is expressly or necessarily included in the assignment. A transfer of the underlying debt or claim does not, by itself, amount to an assignment of a later decree. However, the assignee of that debt may still execute the decree as a person claiming under the decree-holder under section 146, because that provision enables execution by one deriving title from the transferors. The result is that execution under Order XXI, rule 16 was unavailable, but execution under section 146 was maintainable. en-us Mon, 07 Mar 1955 00:00:00 +0530 Tue, 06 Oct 2015 15:40:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174337 A decree not yet in existence at the time of assignment is not transferred for execution under Order XXI, rule 16 unless the decree itself is expressly or necessarily included in the assignment. A transfer of the underlying debt or claim does not, by itself, amount to an assignment of a later decree. However, the assignee of that debt may still execute the decree as a person claiming under the decree-holder under section 146, because that provision enables execution by one deriving title from the transferors. The result is that execution under Order XXI, rule 16 was unavailable, but execution under section 146 was maintainable. Case-Laws Indian Laws Mon, 07 Mar 1955 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174337