Subrahmania Chetti vs Sattaya Pathan and Others

On the Subordinate Judge''s finding that there was consideration for the bond A, the plaintiff was entitled to a decree on the assigrnent to him of

that bond without reference to the question whether there had been an adjustment certified u/s 258 of the Code of Civil Procedure. That section

has reference only to disputes in execution between parties to the decree. Here the 1st and 2nd defendants were not parties to the decree The

assignment hiving been made by a debtor to his creditor, no question of how much was paid for the transfer arises u/s 135 of the Transfer of

Property Act now repealed. The decree of the lower appellate Court is accordingly set aside and the appeal remanded for fresh disposal with

reference to the other questions raised. Costs will abide and follow the result.