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Ram Ratan Chuckerbutty – Appellant
Versus
Jogesh Chandra Bahttacharya – Respondent
JUDGMENT
Mitra and Caspersz, JJ. - The assignor of the present Appellant obtained a decree on a mortgage and thereafter he assigned his interest in the decree to the present Appellant". The deed of assignment was not registered. The Appellant applied under sec. 232 of the Code for an order to be substituted on the record as the decree-holder. It appears that the usual notices under sec. 248 of the Code were issued, and the transferee was allowed to execute the decree. No question was raised at that stage of the proceedings as regards the authority of the Appellant to be placed on the record as the substituted decree-holder. The execution of the decree was carried out and the mortgaged property was sold. Thereafter, on the objection of the judgment-debtor, the sale was set aside and when the Appellant again applied for execution, an objection was raised as to his power to ask for the sale of the hypothecated property, the ground alleged being that the decree being one for sale of Immoveable property within the meaning of sec. 17 of the Registration Act, the assignment of it by means of an unregistered instrument did not transfer the right to exe-cute the decree as if it was a mortgag
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