https://www.taxtmi.com/caselaws?id=413932 After the 1976 amendment inserting the Explanation to Order XXI Rule 16 CPC, a transferee claiming derivative rights in the subject matter of the suit is not rejected merely because the assignment predated the decree. The Explanation was read as preserving Section 146 CPC and as removing the earlier rigidity that limited execution to assignment of an existing decree. The executing court must therefore examine the validity of the assignment deed and related objections, including those under Section 47 CPC, on merits rather than dismiss the claim at the threshold. en-us Thu, 21 Oct 2021 00:00:00 +0530 Mon, 25 Oct 2021 09:17:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=413932 After the 1976 amendment inserting the Explanation to Order XXI Rule 16 CPC, a transferee claiming derivative rights in the subject matter of the suit is not rejected merely because the assignment predated the decree. The Explanation was read as preserving Section 146 CPC and as removing the earlier rigidity that limited execution to assignment of an existing decree. The executing court must therefore examine the validity of the assignment deed and related objections, including those under Section 47 CPC, on merits rather than dismiss the claim at the threshold. Case-Laws Indian Laws Thu, 21 Oct 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=413932