Rule 16 of CPC : Rule 16: Application for execution by transferee of decree.

Explanation using Example

Example 1:

Ravi obtained a decree from the court stating that his neighbor, Suresh, must pay him Rs. 5 lakhs for damages caused to his property. Ravi later decides to sell this decree to his friend, Anil, for Rs. 4.5 lakhs. Anil, now the transferee of the decree, wants to execute the decree to recover the Rs. 5 lakhs from Suresh. Anil applies to the court for execution of the decree. The court will notify Ravi (the original decree-holder) and Suresh (the judgment-debtor) about Anil's application. The court will hear any objections from Ravi or Suresh before allowing Anil to proceed with the execution.

Example 2:

A decree was passed jointly in favor of two business partners, Priya and Meera, against a debtor, Rajesh, for Rs. 10 lakhs. Priya decides to transfer her interest in the decree to another person, Karan, through a written assignment. Karan now wants to execute the decree to recover the amount from Rajesh. Karan applies to the court for execution. The court will notify Meera (the other decree-holder) and Rajesh (the judgment-debtor) about Karan's application. The court will hear any objections from Meera or Rajesh before allowing Karan to proceed with the execution.

Example 3:

A decree was passed against two individuals, Amit and Rohit, requiring them to jointly pay Rs. 8 lakhs to a creditor, Neha. Amit decides to buy out the decree from Neha, making him the transferee of the decree. Amit now wants to execute the decree to recover the full amount from Rohit. However, according to the rule, since Amit is one of the judgment-debtors, he cannot execute the decree against Rohit. The court will not allow Amit to proceed with the execution against Rohit.

Example 4:

A decree was passed in favor of a company, XYZ Pvt. Ltd., against a debtor, Sunil, for Rs. 15 lakhs. XYZ Pvt. Ltd. undergoes a merger, and its rights, including the decree, are transferred to a new entity, ABC Pvt. Ltd., by operation of law. ABC Pvt. Ltd. now wants to execute the decree to recover the amount from Sunil. ABC Pvt. Ltd. applies to the court for execution. Since the transfer happened by operation of law, the court will allow ABC Pvt. Ltd. to execute the decree in the same manner as XYZ Pvt. Ltd. would have, without requiring a separate assignment of the decree.