Indian Laws in English

The Code Of Civil Procedure 1908
Order 21 :
Rule 16 :
Application for execution by transferee of decree :
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 in transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the Court which passed if, and the decree may be executed in the same manner and subject to the same conditions as if the application were made by such decree-holder :
Provided also that, where the decree, or such interest as aforesaid, has been transferred by assignment, notice of such application 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 :
Provided also that, where a decree for the payment of money against two or more persons has been transferred to one of them, it shall not be executed against the others.
1.[Explanation :
Nothing in this rule shall affect the provisions of section 146, and a transferee of rights in the property, which is the subject matter of the suit, may apply for execution of the decree without a separate assignment of the decree as required by this rule.]
State Amendment :
High Court Amendments-[Bombay] :
In Order XXI, for the existing rule 16 and its marginal note, substitute the following as rule 16 and marginal note:
"16. Application for execution by transferee of decree.-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 to the Court which passed it, or to the Court to which it has been sent for execution, and the decree may be executed in the same manner and subject to the same conditions as if the application were made by such decree-holder:
Provided that, where the decree or such interest as aforesaid, has been transferred by assignment, notice of such application 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:
Provided further that where the transferee Court holds the assignment proved, it shall forthwith communicate its decision in that behalf to the Court which passed the decree, and the latter Court shall make an entry in the Register of Suits indicating that the assignment has been held to be proved:
Provided also that, where the decree for the payment of money against two or more persons has been transferred to one of them it shall not be executed against tJ others.
Explanation I :
In an application under this rule, any payment of money made undera decree, or any adjustment in whole or in part of the decree arrived at to the satisfaction of the decree-holder, which payment or adjustment has not been certified or recorded by the Court under rule 2 of this Order, shall not be recognised by the Court entertaining the application.
Explanation II :
Nothing in this rule shall affect the provisions of section 146, and a transferee of rights in the property, which is the subject-matter of the suit, may apply for execution of the decree without a separate assignment of the decree as required by this rule."-(1-10-1983).
[Calcutta] :
In the first proviso to rule 16, cancel the words "and the decree shall not be executed until the Court has heard their objections (if any) to its execution" and substitute therefor the following words:
"and until the Court has heard their objections (if any) the decree shall not be executed provided that if, with the application for execution, an affidavit by the transferor admitting the transfer or an instrument of transfer duly registered be filed, the Court may proceed with the execution of the decree pending the hearing of such objections."
[Delhi] :
Same as that of Punjab.
[Gauhati] :
Same as that of Calcutta.
[Himachal Pradesh] :
Same as that of Punjab.
[Madhya Pradesh] :
In rule 16, after the words "which passed it", insert the words "or to any Court to which it has been sent for execution".-(16-9-1960).
[Orissa] :
Same as that of Patna-(26-7-1958).
[Patna] :
In rule 16
(1) Add the words "or to the Court to which the decree has been sent for execution, as the case may be" after the words "to the Court which passed it";
(2) Delete the words "and the judgment-debtor" from the first proviso and in the second proviso after the word "transferor" insert the words "unless an affidavit of the transferor admitting the transfer is filed with the application" and substitute the word "his" for the word "their" and the word "objection" for the word "objections".
[Punjab, Haryana and Chandigarh].-In the first proviso the words "and the judgement-debtor" which were deleted are reinstated and the word "their" is substituted for the word "his"; the first proviso as now it stands is the same as that in the Central Code.
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1. The Explanation inserted by Act 104 of 1976, section 72 (w.e.f. 1-2-1977).       

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