Section 136 of TPA : Section 136: Incapacity Of Officers Connected With Courts Of Justice

Explanation using Example

Imagine a scenario where Mr. A is a lawyer practicing in a local court. He comes across a client, Mrs. B, who has a strong case to recover a significant debt owed to her by Mr. C. However, Mrs. B is in urgent need of money and is willing to sell her actionable claim to the debt at a discount. Mr. A sees an opportunity and offers to buy her claim for a lesser amount, hoping to enforce the claim himself and profit from the full amount owed by Mr. C.

Under Section 136 of the Transfer of Property Act, 1882, Mr. A is prohibited from buying this debt claim because he is a legal practitioner connected with a Court of Justice. If he were to buy Mrs. B's claim, the court would not enforce this claim at his instance, nor at the instance of anyone claiming through him, because it would be considered as trafficking in actionable claims, which is not allowed for officers connected with courts.