ANANT VINAYAK Vs. NAGAPPA SUBRAYA

JUDGEMENT

(1.) This appeal arises out of proceedings in execution of a decree whereby it was directed that Rs. 90 and a sum of Rs. 11-5-3 as costs be recovered against Nagappa, the present respondent, and Rs. 30 with Rs. 3-12-4 as costs against Anant, the present appellant.

(2.) The appellant Anant has taken a transfer of the decree by assignment in writing and he has applied for execution of this decree against Nagappa to the extent of the Rs. 90 and the Rs. 11-5-3.

(3.) His application has been rejected on the ground that, it comes within Clause (5) to Section 232 of the Civil P. C.. That clause provides that "where a decree for money against several persons has been transferred to one of them, it shall not be executed against the others".