VENKATAMMA Vs. H N KRISHNAPPA

JUDGEMENT

(1.) This revision petition is directed against the order dt. 16-6-1978 passed in Execution No. 290 of 1974, on the file of the Munsiff, Chikkaballapur, holding that the assignee Subbarayappa has failed to prove the validity and genuineness of the assignment deed.

(2.) The revision petitioner strenuously contended that the executing Court has no jurisdiction to decide the matter without obeying the imperative provision of Or. XXI, R. 16 CPC. He pointed out that the Court did not issue notice to the decree-holder who transferred or assigned the decree in his favour.

(3.) One Venkatamma, the elder sister of the revision petitioner is the decree holder. According to the present petitioner, she assigned the decree obtained by her against the judgment-debtor in his favour and he put the decree into execution. The learned Munsiff issued notice to the judgment debtor, but he did not issue notice to the decree holder or her legal representatives and enquire the matter inter se. He passed an order stating that the purported assignee did not prove that the assignment was genuine and in that view, he dismissed that application. Aggrieved by the said order, the present revision petition is instituted.