KOTTAYAM ORIENT BANK LTD Vs. V C KURIAN

JUDGEMENT

(1.) From the lower Courts order it is obvious that the learned Judge did not understand the real nature and scope of the execution petition that was under consideration. The decree was in favour of the Orient Central Bank Ltd. Subsequent to the decree this Bank was amalgamated with the Kottayam Bank Ltd. and the new Bank is known as Kottayam Orient Bank Ltd. The present execution petition is filed by this Bank with a prayer that this Bank may be impleaded as the additional plaintiff and allowed to execute the decree. The purport of the application is that the rights under the decree have been transferred by the original decree holder in favour of the new Bank as a result of the amalgamation of the two Banks and that the new Bank is entitled to execute the decree in the capacity of assignee decree holder. Thus the assignment had only to be recognised after notice to the parties concerned, and then the assignment recognised and execution allowed as contemplated by O.21 R.16 C. P. C. There is no question of any amendment Rent of the decree. The learned Judge was wrong in thinking that the decree has to be got amended.

(2.) In the result this appeal is allowed and the order of the lower court is set aside. The lower court will proceed with the execution application in accordance with law and in the light of the observations made above.