IMPORTANT POINT
Mere right to sue for damages concerning defamation cannot be transferred by one person in favour of another.

G. Rajasuria, J.—Heard the learned Counsel for the petitioner, who would echo the cri de coeur of his client to the effect that the Pauper O.P. was filed before the Subordinate Court, Paramakudi to declare the petitioner as pauper and to exempt him from payment of Court fee for Rs.8,00,000/-, so as to enable him to recover Rs. 8,00,000/- from the respondents as compensation. However, even before numbering the Pauper O.P., the Lower Court rejected the Pauper O.P., on the ground that the said Pauper O.P. was not maintainable. Being aggrieved by and dissatisfied with the order passed by the Lower Court, the petitioner has filed this Civil Revision Petition on various grounds.

2. Perused the records. Heard the learned Counsel for the petitioner. A mere running of the eye over the averments as found set out in the Pauper O.P., one could discern and infer that the case of the petitioner is that an Advocate has assigned his right to the petitioner to sue the defendants and claim compensation for they having allegedly defamed him. The Lower Court dismissed the said Pauper O.P., on the ground that such an alleged right to sue for damages on the part of the said Advocate cannot be assigned in favour of the petitioner.

3. At this juncture, I would like to extract hereunder section 3 of the Transfer of Property Act, 1882 which contains the definition of action- able claim and also sections 6 and 130 of the Transfer of Property Act, 1882:

Section 3:

“actionable claim” means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in movable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent;”

Section 6:

“6. What may be transferred.-Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force :

(a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred;

(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to anyone except the owner of the property affected thereby ;

(c) An easement cannot be transferred apart from the dominant heritage;

(d) All interest in property restricted in its enjoyment to the owner personally cannot be transferred by him;

(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred;

(e) A mere right to sue cannot be transferred;

(f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable;

(g) Stipends allowed to military, naval, air-force and civil pensioners of the Government and political pensions cannot be transferred;

(h) No transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby, or (2) for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872), or (3) to a person legally disqualified to be transferee;

(i) Nothing in this section shall be deemed to authorise a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.”

Section 130:

“130. Transfer of actionable claim.—(1) The transfer of an actionable claim whether with or without consideration shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent, shall be complete and effectual upon the execution of such instrument