Order 21 Rule 16 CPC: Application for execution by transferee of decree.

Order 21 Rule 16 CPC: Application for execution by transferee of decree.

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 in transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the Court which passed if, and the decree may be executed in the same manner and subject to the same conditions as if the application were made by such decree-holder :
Provided also 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, and 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.

 

 

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Advocate Anoop Verma

Punjab & Haryana High Court Chandigarh, DRT Chandigarh

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