ANATHAKRISHNA IYER Vs. GANAPATHY SUBBIER

JUDGEMENT

(1.) The 4th defendant is the second appellant. The matter arises in execution. The 3rd respondent obtained an assignment of the decree and sought for recognition of the assignment and execution of the decree. The 4th defendant objected on the ground that the assignment is a benami one taken by the 1st defendant in the name of his wife and that under the second proviso to R.14 of O.21 C.P.C. such an assignment could not be recognised. The Courts below overruled the objection. The 4th defendant has therefore come in second appeal.