BANWARI LAL Vs. RAM AVATAR

JUDGEMENT

(1.) THIS revision is by the transferee from the decree-holder against dismissal of the execution application as not maintainable at his instance. It has also been held by the executing court that the decree has already been satisfied on account of which it cannot be executed again.

(2.) THE petitioner purchased the property, which was subject matter of the suit, from the decree-holder. This character of the petitioner has been accepted by the executing court in the impugned order. However, it has been held that there being no separate assignment of the decree, the same could not be executed by the petitioner. Obviously, the Explanation added in Rule 16 of Order 21, C. P. C. by the Code of Civil - Procedure (Amendment) Act, 1976 has been overlooked, which gives the right of execution to such a transferee of the property even without separate assignment of the decree. THE execution application was, therefore, clearly maintainable at the petitioner's instance.