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.

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