Transferee & Execution Application

Transfferee - may apply  for Execution of Decree....

                                  

- Basically parties to decree have right to file execution application.

- But if decree is transferred by assignment , the transfree may file execution application.

- No  particular  format of assignment necessary to prove assignment of decree.

- Even though trasferee of the  right in property which is subject matter of suit may apply for execution of decree without separate assignment of the decree.

- It is not necessary that transferree shall be parties in the suit.

- The question of  validity of assignment is to be decided by executing court and not by separate suit.

- If execution application is filed by tranferee then transferor and judgement debtor be heard by execution court.

= Relevant Provision =

- Section 2(1)(g), 47,146.

- Order 21 Rule 16 of C.P.C.

== Relevant Judgement =

- Vishnuprasad v/s Ganpat 1983 M.L.J.133

- Devilal Asaramji Pande v/s Madhukar P. Ishwarkar 1993 Bom.CJ 569.

- Vaishno Devi Construction Rep. Thr. Sole Proprietor (D) Thr Lrs & Anr v/s Union Of India & Ors 2022 SAR 133.

........Anybody can circulate all blogs without my consent.

Limitation Issue in Civil Suit

Limitation issue in Civil Suit......

                                 

- Basically every civil suit shall be instituted within prescribed period of limitation.

            

- Civil suit instituted after prescribed period of limitation shall be dismissed although Limitation has not been set up as a Defence.

- Means no pleading is necessary in the written statement in respect of limitation of suit as per above legal aspect.

- It means it issue limitation of can be raised at the time of final argument in suit or appeal.

- Lastly but important aspect except provided in Section 12 to 15 of The Limitation Act 1963 prescribed period of limitation for suit  shall not be extended .

= Relevant Provision = 

- Section 3, 12 to 15 of The Limitation Act.

== Relevant Judgement ==

- Foreshore Co-operative Housing Society Ltd v/s Praveen D. Desai (D) though LRS and others A.I.R.2015 S.C 2006 = 2015 SAR 789.

--- please peruse all previous blogs. Anybody can circulate all blogs without my consent.