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45. It is further submitted that the recognition of an assignment of decretal rights is not recognised by law and it shall not create any rights as held in Dhani Ram Gupta and Others Vs. Lala Sri Ram and another (AIR 1980 SC 157). Thus the applicants in Application No.450 of 2007 do not have any semblance of legal right to make a prayer for passing of final decree on the basis of an assignment (unregistered made by some GPA holder of D-157). The orders of the learned Single Judge in Application Nos.469 and 470 of 1996, dated 26.08.1996 do not in any manner entitle the applicants for claiming a final decree. Where there is no final decree in favour of the assignors of the applicants, the question of an assignee getting final decree that too under unregistered deed of assignment, does not arise. As such the applications are liable to be dismissed.

632) wherein it was held that recovery of possession of properties from third parties who are not parties to the suit is beyond the scope of partition suit. The ownership of the parties to the suit as against HC, J & NVSK, J In third parties is not decided in a partition suit. So a decree in a partition suit will not confer any declaration of title on the parties on the suit as against the third parties. The decree in a partition suit cannot be equated to that of a decree for recovery of possession of immovable property. Moreover, the alleged assignment deed is unregistered and any order passed on the basis of such assignment deed is void ab initio. A deed of assignment of a decree attracts Section 17 of Indian Registration Act and same was the view of this Court in several orders in C.S. No.14 of 1958. The alleged deed of assignment is also contrary to the provisions of the Transfer of Property Act, Urban Land Ceiling Act and Stamp Act. Therefore, the recognition of assignment deed allegedly made in favour of respondents No.1 to 15 and consequently the decree passed in application No.470 of 1996 are a nullity.

- That the assignees of preliminary decree-holders cannot be fit into and be recognised as a decree-holder and that no assignor has come forward and filed applications for passing of a final decree and the assignors alone have been shown as judgment debtors.
- That an unregistered deed of assignment is inadmissible in evidence and under Section 49 of the Registration Act, 1908, it can be looked into only for collateral purposes and such an unregistered deed of assignment shall be registered within a period of four months.
- That the defect of non-registration of a deed of assignment cannot be cured by its subsequent registration.
HC, J & NVSK, J In
- That the validation of an unregistered deed of assignment is not possible under Section 42 of the Indian Stamp Act, 1899.
- That an order obtained by playing fraud is ab initio void and its validity can be assailed at any stage and at any time and the provisions of the Limitation Act, 1963, do not apply where an order is a nullity.