KASSUM GOOLAM HUSSEIN VAZIR Vs. DAYABHAI AMARSI

JUDGEMENT

(1.) In this case a darkhast for execution was applied for by the assignee of the decree.

(2.) Rule 16 of Order XXI provides that where a decree is transferred by assignment the transferee may apply for execution of the decree and the decree may be executed as if the application had been made by the decree-holder subject to this proviso that where the decree has been transferred by assignment, notice of the application for execution 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.

(3.) Being aware of the provisions of that Rule the transferee applied on the 18th of June 1910 for notices to the transferor and the judgment-debtor. He applied at the same time for attachment by seizure of the goods of the judgment-debtor in his shop. On the same day notices were issued by the Court and also a warrant of attachment. Before any objection had been heard on the part of the judgment- debtor the property was attached in his shop by seizure by the sheriff s officer on the 20th of June 1910.