Bare ActsCode of Civil Procedure, 1908 (CPC - As amended by Commercial Courts Act, 2015 - Applicable for Commercial Courts only)

Section 16-FIRST-SCHEDULE-7

Application for execution by transferee of decree

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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. [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]. Inserted by 104 of 1976, S.72, w.e.f. 01/02/1977.

Section 16-FIRST-SCHEDULE-7 – Code of Civil Procedure, 1908 (CPC - As amended by Commercial Courts Act, 2015 - Applicable for Commercial Courts only) | DailyLaw.ai