BABU SATYENDRA NARAIN Vs. WAHIDUDDIN KHAN

JUDGEMENT

(1.) This is a petition by decree-holders for revision of an order passed by the learned Munsif of Monghyr dismissing their application for execution. It appears that one Raja Prasad obtained a decree against the opposite parties. According to the petitioners, Raja Prasad was a benamidar for them and that the decree was really held by them. Raja Prasad died and so did the father of the present petitioners. After the death of these two persons, application was made by the petitioners when they attained majority to execute the decree held in the name of Raja Prasad, the deceased.

(2.) The learned Munsif came to the conclusion that the petitioners were not entitled in law to execute this decree, and dismissed the application. It has been argued by Mr. Janak Kishore on behalf of. the petitioners that the latter are entitled to execute the decree because they are in-, fact the decree-holders. The term "decree-holder" is defined in Section 2(3), Civil P.C. According to that Sub- section, "decree-holder" means any person in whose favour a decree had been passed or an order capable of execution has been made. Undoubtedly in this case the decree was passed in favour of Raja Prasad, and be was, until his death, undoubtedly the decree-holder. On his death his rights, whatever they were, devolved upon his heirs or personal representative. Even if Raja Prasad was merely a benamidar for the petitioners, the petitioners cannot be regarded as decree-holders within the meaning of that term as used in the Civil Procedure Code. Order 21, Rule 10, Civil P. O, deals with execution by the holder of a decree. The decree-holder must apply to the Court which passed the decree or to the officer (if any) appointed in this behalf, or if the decree has been sent under the provisions hereinbefore contained to another Court then to such Court or to the proper officer thereof.

(3.) This rule is confined to holders of a decree, and in my view, there is no difference between the holder of a decree and a decree-holder. The holder of a decree under Order 21, Rule 10 must be a person in whose favour a decree has been passed. Order 21, Rule 16, Civil P.C., also deals with the persons who may execute a decree. It provides that where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest of any decree-holder in the decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree...in the same manner and subject to the same conditions as if the application were made by such decree-holder.