Supreme Court of India · 1979-12-07
DHANI RAM GUPTA & ORS. vs LALA SRI RAM & ANR.
- Citation / case number
- SC 1976/60828
- Court
- Supreme Court of India
- Petitioner
- DHANI RAM GUPTA & ORS.
- Respondent
- LALA SRI RAM & ANR.
- Author
- O. CHINNAPPA REDDY
- Bench
- O. CHINNAPPA REDDY
Judgment text excerpt
The Supreme Court held that the adjustment of a decree between the judgment-debtor and the original decree-holder does not bar the execution of the decree by the transferee, even after notice of the application under Order XXI, Rule 16 of the Code of Civil Procedure has been served. The Court clarified that property in a decree passes to the transferee under a deed of assignment, irrespective of the Court's recognition of the transfer. It was determined that the transferee has the right to execute the decree, and the execution cannot be defeated by a compromise made between the judgment-debtor and the original decree-holder after the assignment was made.