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1963 Supreme(AP) 56

GOPALA KRISHNAN NAIR, GOPALRAO EKBOLE, P.CHANDRA REDDY
Arvapalli Ramrao – Appellant
Versus
Kanumarlapudi Ranganayakulu – Respondent


CHANDRA REDDY, J.

( 1 ) THE question to be answered by the Full Bench is as to the effect of an attachment on a prior assignment of the decree and the remedies to be pursued by the assignee decree-holder after the attachment. This problem has to be solved with reference to the statutory provisions in the shape of Order XXI, Rules 16, 53 and 58 of the C. P. C.

( 2 ) BEFORE we attempt to ascertain the precise scope and content of these provisions, we have to state a few facts necessary for this enquiry.

( 3 ) ONE Kanamarlapudi Ranganayakulu (hereinafter referred to as the 1st respondent) obtained a money decree for Rs. 1600. 00 in O. S. No. 650 of 1953 on the file of the Court of the District Munsif, Guntur, against six persons, who figure as respondents 2 to 7 in this enquiry. On 4-10-1956, he transferred the said decree in favour of one Ramarao, the present appellant, for a consideration of Rs. 500. 00 under a duly stamped document. Thereafter, four persons who obtained decrees against the 1st respondent in various Courts attached this decree. The appellant filed a petition in the Court of the District Munsif, Guntur under Order XXI, Rule 16 for recognition of the assignment and fo
































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