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2021 (10) TMI 984 - SC - Indian LawsInterpretation of statute - Assignee of the decree holder in terms of Order XXI Rule 16 of the Code of Civil Procedure, 1908 - scope of Section 146 of the CPC read with Section 2(1)(g) of the Arbitration &Conciliation Act, 1996 - significant aspect is the addition of the explanation to Order XXI Rule 16 of the CPC, which was added pursuant to the recommendation made by the Law Commission of India in its 54th Report on the CPC in 1973, which in turn was a sequitur to the conflicting views of the High Courts on the matter in issue. HELD THAT:- It is an admitted position that the explanation was added to Order XXI Rule 16 which did not exist earlier, pursuant to the recommendations made by the Law Commission of India in its 54th Report on the Code of Civil Procedure, 1908. The Explanation was so added due to conflicting High Courts’ decisions on the question, i.e., whether a person who does not have a written assignment of the decree, but who has succeeded to a decree holders’ right, is entitled to such decree under Section 146 of the CPC. The objective of amending Order XXI Rule 16 of the CPC by adding the Explanation was to deal with the scenario as exists in the present case, to avoid separate suit proceedings being filed therefrom and to that extent removing the distinction between an assignment pre the decree and an assignment post the decree - Once the legislative intent is clear, and the law is amended, then the earlier position of law cannot be said to prevail post the amendment and it is not in doubt that the present case is one post the amendment. Appeal allowed.
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