Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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excution of decree

(Querist) 24 January 2009 This query is : Resolved 
Dear All,


I am having a dicey situation where a decree holder after assignment of a decree to third party has taken application for excution of decree for possession, which is pending at Small causes cOurt maumbai. But after making the same he is not attending the court and is unavialble for futher procedding. Now the assignee of decree want to excute the decree for possession. But I jst want to know what will be the best option of the following 1. To continue the pending execution application by bringing the assignee on record,where we have to file rejoinder to the reply of the defendant to excute the decree( whether the deree holder after assignment of decree can make an application for Excution of the deree? What is the status of decree holder after assignment) If or 2. allow the excution application to get dismissed and apply for fresh execution of the decree in the name of assignee of decree?
PALNITKAR V.V. (Expert) 26 January 2009
The assignee of the decree can be substituted in place of the original decree holder, if the assignment is legal one.That seems to be the best option because you need not file fresh application and lose time in that. You may file rejoinder to the reply of the judgment debtor either before or after the assignee is brought on record.
Mohan RP Rao (Querist) 29 January 2009
Thank u very much sir for your reply. I truely appreceiate the effort taken by u to revert back.

Regards
Mohan Rao


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