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Transfer Of Property Act, 1882
68. 1[ Right to sue for mortgage money.-
(1) The mortgagee has a right
Central Government Act
respondent assigned all its rights, including the right to
sue, to the Insurance Company. Thereafter the respondent
sued the appellant ... maintainable
because the assignment was of a mere right to sue which is
not valid under
Supreme Court of India
personal action dies with the person),
applicability of - Right to sue/prosecute appeal whether
survives on the death ... seeking to enforce in the appeal is his right to sue for
damages for defamation and as this right does
Supreme Court of India
This
amounted to a transfer of a mere right to sue by the
Assured in favour of the Insurer, which ... case of a
mere assignment of a right to sue.
In other words, on the date when the assignment
Supreme Court of India
cause the suit to abate if thy right to sue
survives. Where the right to sue does not survive, there ... plaintiff or the defendant dies and if the right to
sue survives, then the procedure laid down in Rule
Patna High Court
determination in this appeal is whether a right to sue
for damages for breach of contract appertaining to the business ... transferred to the applicant was the
right to sue for damages for breach of contract and nothing else and
that
Calcutta High Court
have
been determined, and the question of the right to sue surviving or not
surviving does not arise, and therefore ... plaintiff or a
defendant when the right to sue survives, but where a preliminary
decree has been made the rights
Patna High Court
which survived in the
assessee was a mere right to sue which under section 6(e) of the
Transfer ... which we are concerned states that "a mere right to sue cannot
be transferred". This clause also underwent a change
Gujarat High Court
subject-matter of
the suit was a mere right to sue for damages which did not vest in the
Official ... that section provides that:
"A mere right to sue for damages" cannot be attached or sold. In the
present suit
Allahabad High Court
decided by the appellant and that the right to
sue in terms of Article 120 of the Limitation Act accrued ... Court on behalf
of the respondent that the right to sue accrued on various dates on
which the appellant admitted
Delhi High Court
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