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 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 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.
1[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.]
Note: 1. The Explanation
ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
Explanation:
When an application for the
execution of a decree is made, under the provisions of Order XXI, Rule 16,
of the Code of Civil Procedure, by a person claiming to be entitled to the
benefit of the decree in consequence of a transfer of the same to him from the
original decree-holder by an assignment in writing, the Court must cause notice
of the application to be given to the transferor, and it cannot grant the application
unless it is satisfied after the transferor has had an opportunity of being
heard that the transfer has in fact been effected.
In cases in which the Court
grants the application, it should record its reasons for so doing and make an
order that thenceforward the name of the applicant shall stand on the record as
decree-holder instead of that of the original decree-holder.
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