10. Procedure in case of assignment before final order in suit.—(1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or devolved.
(2) The attachment of a decree pending an appeal therefrom shall be deemed to be an interest entitling the person who procured such attachment to the benefit of sub-rule (1).
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
For assignments, creations or devolutions of interest during the pendency of a suit that are not covered by the earlier rules, the suit may, with the Court's leave, be continued by or against the person to whom the interest has come or devolved. Under sub-rule (2), a person who attaches a decree pending an appeal from it is treated as having an interest entitling him to this benefit.