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Bare acts > Code of Civil Procedure, 1908 > Order 21 Rule 16
 
  


 

16. Application for execution by transferee of decree.- Where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest of any decree holder in the decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the court which passed it; and the decree may be executed in the same manner and subject to the same conditions as if the applications were made by such decree holder:

Provided that, where the decree, or such interest as aforesaid, has been transferred by assignment, notice of such application shall be given to the transferor and the judgment debtor, arid the decree shall not be executed until the court has heard their objections (if any) to its execution:

Provided also that, where a decree for the payment of money against two or more persons has been transferred to one of them, It shall not be executed against the others.

Explanation: Nothing in this rule shall affect the provisions of section 146, and a transferee of rights in the property, which is the subject matter of the suit, may apply for execution of the decree without a separate assignment of the decree as required by this rule.

HIGH COURT AMENDMENTS

Assam, Calcutta and Nagaland.- In the first proviso cancel the words “and the decree shall not be executed until the Court has heard their objections (if any) to its execution” and substitute as follows:

“and until the Court has heard their objections (if any) the decree shall not be executed provided that if, with all application for execution, an affidavit by the transferor admitting the transfer or an instrument of transfer duly registered be filed, the Court may proceed with the execution of the tree the hearing of such objections.”


“16. Application for execution by transferred of decree.— Where a decree has been passed jointly in favour of two or more persons the interest of any decree holder in the decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the court which passed it, or to the court to which it has been sent for execution, and the decree may be executed in the same manner and subject to the same condition as if the application were made by such decree-holder:

Provided that, where the decree or such interest as aforesaid, has been transferred by assignment, notice of such application shall he given to the Court which passed the decree, and the latter Court shall make an entry in the Register of Suits indicating that the assignment has been held to be proved:

Provided also that, where the decree for the payment of money against two or more persons has been transferred to one of them, it shall not be executed against the others

Explanation 1 - In an application under this rule, any payment of money made under a decree, or any adjustment in whole or in part of the decree arrived at to the satisfaction of the decree-holder, which payment or adjustment has not been certified or recorded by the Court under Rule 2 of this order, shall not be recognised by the Court entertaining the application.

Explanation 2 - Nothing in this rule shall affect the provisions of Section 146, and a transferee of rights in the property, which is the subject-matter of the suit, may apply for execution of the decree without a separate assignment of the decree as required by this rule” (1.10.1983).

Chandigarh, Delhi, Haryana, Himachal Pradesh and Punjab.- In the first proviso the words “J.D.” is restored and “their” is substituted for “his” and the first proviso Is now same as in Central Code.

Madhya Pradesh.- After the words “which passed it” insert the words “or to any Court for which it has been sent for execution”. (16.9.1960).

Patna and Orissa.- (1) Add the words” or to the Court to which the decree has been sent for execution as the case may be” after the words “to the Court which passed it;”

(2) Delete the words “and the 3D.” from the first proviso and the second proviso; after the words “transferor” insert the words “unless an affidavit of the transferor admitting the transfer is filed with the application”. and substitute the word “his” for the word “their” and the word “objection” for “objections”.

 

 

 

 

 

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