AIR 1942 MADRAS 714

Madras High Court

Hon'ble Judge(s): Abdur Rahman , J

(A) Decree - Assignment by decree-holder to defraud creditors - Creditor of decree-holder can attach decree and claim that assignment is not binding on him. If an assignment of a decree is made by a decree-holder to defraud his own creditors it may not be open to him to object to the assignment during his life-time but it cannot be said that his creditors have no right to attach the decree and to allege that the assignment was fictitious and was not binding on them.(Para 715,d) (B) Civil P.C. (5 of 1908) , S.47— 'Representative' is not confined to legal representative. The term 'representative' in S. 47, Civil P.C., is not confined to legal representative but would also include the representatives-in-interest who may have obtained and who may allege to have obtained the decree-holder's interest by transfer or assignment.(Para 715e) (C) Transfer of Property Act (4 of 1882) , S.53— Defendant can take plea u/S.53. Section 53, T. P. Act, cannot stand in the way of defendant contending that the plaintiff in a suit to recover a sum of money due under a decree assigned to him cannot do so because the transaction was fraudulent and he....