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1 - 4 of 4 (0.23 seconds)Section 52 in The Code of Civil Procedure, 1908 [Entire Act]
Section 128 in The Code of Civil Procedure, 1908 [Entire Act]
Thiagaraja Aiyar vs Narayanaswami Pillai And Ors. on 16 March, 1938
The fact that the learned Judges placed rellance upon Thiagaraja v. Narayanaswami, AIR 1938 Mad 684 also shows that they did not think that there was any difference in principle between a transferee of a part or the properties of the judgment debtor and a case of universal donees. In AIR 1938 Mad 684, Horwill J. was not concerned with a universal donee and observed therefore that Section 52 C.P.C. did not give the creditor a right to proceed against the property which was no longer in the hands of the judgment debtor and to proceed against a transferee, he must establish his equitable rights to do so in a separate suit.
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