held that;
" To attract the application of the
principle of equitable assignment of
decree, there must be an agreement to
transfer the decree ... agreements can be made out
under the concept of equitable assignment of a
25 Ex.Petition. No.15061/2006
decree, as has been made
which was due and payable by them to original defendants was equitably assigned, which was not permissible. On these grounds, it is submitted that ... clearly within time.
8. As far as the point of equitable assignment was concerned, Mr. Girish Kumar for respondent No. 1-bank argued that
obligation to deliver, a particular 500 tons, as to effect an equitable assignment giving the sub-purchases a beneficial interest therein or a lien
circumstance that a particular right has changed hands by formal or equitable assignment does not operate to cause a fresh period of limitation ... that is paid off is not extinguished but there is an equitable assignment of the mortgage in favour of the subrogee. There is a notional
effect of the operation of Order 21, Rule 16 on equitable assignment. In the course of discussion Order 21, Rule 11 was referred
rights of the charge-holder. It is sometimes spoken of as equitable assignment which means not that there is an assignment in fact
been passed and
(b) that the decree has been transferred by assignment or by operation of law; and that view-ed in this light ... transfer in question could not be reated as an equitable assignment also, as there was no agreement to transfer a decree to be passed
been passed and (b) that the decree has been transferred by assignment or by operation of law. In this view of the matter the Supreme ... favour of the respondent-Company could not be treated as an equitable assignment as there was no agreement to transfer a decree to be passed
interest in
the decree ; if so, whether that assignment is a
legal assignment or an equitable assignment ?
(3) Whether the dispute between the appellant ... Further, the
transaction entered into under that document
amounts to an equitable assignment of the
39
O.S.No. 4383/2012
decree in favour
choses in action were not assignable at law, but were generally speaking, assignable in equity whether themselves legal, or equitable choses. In the former case ... reason why equity did not allow the assignment of a bare right of action, whether legal or equitable, was on the ground that it savoured
