Order XXI Rule 16 CPC: Application for execution by transferee of decree

THE FIRST SCHEDULE · ORDER XXI Execution of Decrees and Orders · Application for execution

Order XXI Rule 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.]

Footnotes in the official text

1.Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).

Questions on this rule

2 questions in 12 of our papers cite Order XXI Rule 16. Try these from the free papers:

1. Under Section 42 of the CPC, a Court to which a decree has been sent for execution has the same powers in executing it as if it had passed the decree itself. Which of the following powers is, however, expressly withheld from such a Court?