Decided on March 14,1957

SAT RAM DAS Respondents


Bhandari, C.J. - (1.) This petition under Section 115 of the Code of Civil Procedure raises the question whether it is within the 'power of a Civil Court to return an application for leave to sue in forma pauperis for presentation to a Court of competent jurisdiction.
(2.) It appears that during the year 1947 defendants Nps, 5 to 9 Who are real brothers advanced certain moneys to defendants Nos. 1 to 3 at a place which now forms part of the territory of Pakistan. On the 29th March, 1950 the creditors in whom the chose in action was vested executed a deed of assignment at Delhi by virtue of which they assigned the debt in question to Satram Das, a son-in-law of Kanhi Ram defendant No. 5. A few days later, that is on the 4th April. 1950 Satram Das brought a suit against defendants Nos. 1 to 3 and in the alternative against defendants Nos 5 to 9 for the recovery of a sum of Rs. 14,500/-. The suit was filed in forma pauperis and the first question which arose for decision in the trial Court Was whether the Courts in Delhi had jurisdiction to hear and determine pauperism of the plaintiff. The Court came to the conclusion that the deed of assignment was executed at Delhi, that the deed was not fictitious, that the plaintiff is a pauper and that the petitioner was at liberty to sue in forma pauperis. Defendants Nos. 1 to 3 are dissatisfied with the order and have come to this Court in revision.
(3.) An assignment in law is an act by which one person transfers to another or causes to vest in another his right or title to something before the object of the transfer has become property in possession of the assignor. It is the transfer or setting over of the right to fruits of cause of action from one person to another. It does not differ in its essential elements from any other contract and must therefore comply with the fundamental requisites which are applicable to contracts generally. A valid and enforceable contract of assignment comes into being when it is executed by parties possessing legal capacity to contract, when it is supported by consideration, when it is not contrary to law or to public policy, when it is not tainted with fraud or illegality and when it is not the result of an agreement between the assignor and the assignee that they shall divide the property sued for between them in consideration of the assignee carrying on the suit in his own name and possibly also at his own expense. A person who wishes to obtain decree on the basis of a deed of assignment must allege and; prove a valid assignment in order to show that he had a cause of action.;

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