Section 10. Fees for certificates

The Coasting Vessels Act, 1838

¹[10. Fees for certificates.—The owner or owners of such vessels employed as aforesaid fishing-vessels and harbour-craft being excepted) on being registered as aforesaid, shall pay—

for each certificate of registry for a vessel not exceeding 5 tons burthen, the fee of . . .1 rupee;

for each certificate for a vessel exceeding 5 tons burthen and not exceeding 25 tons burthen, the fee of . . . . . . . . . . . . . . .5 rupees;

for each certificate for a vessel exceeding 25 tons burthen and not exceeding 100 tons burthen, the fee of. . . . . . . . . . . . . . . . . . 7 rupees;

and for each certificate for a vessel of 100 tons or greater burthen, per ton, the fee of . . 2 annas.]

Footnote: 1. Subs. by Act 22 of 1952, s. 8, for section 10.

Application for execution by transferee of decree: O21 R16

 Code of Civil Procedure

 

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).

 

 

Code of Civil Procedure

 

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.

Provincial Small Cause Courts

Code of Civil Procedure Section 6. Pecuniary jurisdiction.

7. Provincial Small Cause Courts.—The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887(9 of 1887) ¹[or under the Berar Small Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes ²[under the said Act or Law], ³[or to Courts in ⁴[any part of India to which the said Act does not extend] exercising a corresponding jurisdiction that is to say.—

(a) so much of the body of the Code as relates to—

(i) suits excepted from the cognizance of a Court of Small Causes;

(ii) the execution of decrees in such suits;

(iii) the execution of decrees against immovable property; and

Note 1: Ins. by Act 4 of 1941, s. 2 and the Third Schedule.

Note 2: Subs. by s. 2 and the Third Schedule, ibid., for “under that Act”.

Note 3: Ins. by Act 2 of 1951, s. 5.

Note 4: Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.

(b) the following sections, that is to say,— section 9, sections 91 and 92, sections 94 and 95 ⁵[so far as they authorise or relate to]—

(i) orders for the attachment of immovable property,

(ii) injunctions,

(iii) the appointment of a receiver of immovable property, or

(iv) the interlocutory orders to in clause (e) of section 94], and sections 96 to 112 and 115.

Note 5: Subs. by Act 1 of 1926, s. 3, for “so far as they relate to injections and interlocutory orders”.

Note: Code of Civil Procedure Section