CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW & GOVERNANCE

COMPANY LAW
PROJECT

Concept of Corporate Personality

Under the Supervision of –Dr. Pradip Kumar Das

SubmittedBy:-
RAJEEV RAJ
B.A., LL.B:- viith Semester
Enrollment- CUSB1513125033
 ACKNOWLEDGEMENT

You are most welcome in my case law project work of “Interpretation of statutes” on the topic
“Jugal Kishore Saraf v. Raw Cotton Co. Ltd. AIR 1955 SC 376”. This Case Law project is
given by our respected subject professor “Dr. Avinash Kumar” and first of all I would like to
thank him for providing me such a nice case law topic and making me aware as well providing me
a lot of ideas regarding the topic and the methods to complete the project.

I would like to thank all the Library staffs who helped me to find all the desired books
regarding the case law topic as the whole project revolves around the doctrinal methodology of
research. I would like to thank to my seniors as well as classmates who helped me in the completion
of this case law project. I would also like to thanks to Google, Wikipedia, into legal world as well
as other web sites over web which helped me in the completion of this project. Last but not the
least; I would like to thank all who directly or indirectly helped me in completing of this project.

I have made this project with great care and tried to put each and every necessary information
regarding the topic. So at the beginning I hope that if once you will come inside this project you
will be surely glad.
 `
NAME OF THE CASE
Jugalkishore Saraf vs Raw Cotton Co. Ltd on 7 March, 1955
Equivalent citations: 1955 AIR 376, 1955 SCR (1)1369

PETITIONER: JUGALKISHORE SARAF

Vs.

RESPONDENT: RAW COTTON CO. LTD.

DATE OF JUDGMENT: 07/03/1955

BENCH: DAS, SUDHI RANJAN

BENCH: DAS, SUDHI RANJAN BHAGWATI, NATWARLAL H.IMAM, SYED JAFFER

CITATION: 1955 AIR 376, 1955 SCR (1)1369

ACT: Code of Civil Procedure (Act V of 1908), s. 146, Order XXI, rule 16 Debt transferred
pending suit thereon decree not mentioned in deed-Execution of decree application by transfere
applicability of Order XXI, rule 16 and section 146 Equitable principles Transfer of property
Act(IV of 1882), sections 3, 5, 8 and 130.
Facts of the case
Jugalkishor Saraf filed a suit against the appellant for recovery of money and during the pendency
of the suit a document was executed on the 7th February, 1949, whereby Jugalkishor Saraf
transferred to the respondents all -book and other debts due to them together with all securities for
the debts and all other property to which they were entitled in connection with their business in
Bombay. One of the book debt was the subject matter of the suit, but there was no mention in that
document of the suit or the decree to be passed in the suit. The respondents did not take any steps
under Order XXII, rule 10, of the Code of Civil Procedure to get themselves substituted as
plaintiffs in the place of Jugalkishore Saraf but allowed the suit to be continued in the name of
the original plaintiffs, and on the 15th December, 1949, a decree was passed in favour of
Jugalkishore & Saraf against the appellant.

Issues of the case

On the 25th April, 1951, the respondents filed in the City Civil Court, Bombay, an application
for execution of the decree under Order XXI, rule 11 of the Code, and a notice under Order
XXI, rule 16 was issued by the Court calling upon Jugalkishore & saraf and the appellant to
show cause why the decree should not be executed by the transferees, the respondents. The
appellant contended inter alia that as the respondents were only the assignees of the debt which
was the subject-Matter of the suit and not of the decree itself they were not entitled to execute the
decree. Held that the respondents as the transferees of the debt which was the subject-matter of the
suit were entitled to make an application for execution of the decree under section 146 of the
Code of Civil Procedure as persons claiming under the decree-holder. The effect of the expression
save as otherwise provided in this Code" contained in section 146 is that a person cannot make an
application under section 146 if other provisions of the Code are applicable to it.