Document Fragment View

Matching Fragments

"The words 'any interest' in this rule include, in our opinion, any transferable 'right to sue' spoken of in the earlier rules of the order which provide for its devolution in cases of death. The contention, therefore, that the 'assignment, creation or devolution of any interest' referred in rule 10 mean an assignment, creation or devolution of an interest in tangible property cannot be accepted." The possessory right created on favour or die petitioner is heritable and assignable. I am clearly of opinion that the right conferred upon him by putting him in possession falls within terms of Order 22 Rule 10 C.P.C. Even assuming that this view is not right I have no doubt that the application under Order 1 Rule 10 is maintainable and the petitioner is a proper party to the second appeal.