An attachment of a decree does not destroy the right of an assignee decree-holder to apply for execution. The assignee decree-holder can apply for recognition of the assignment and for execution under Order XXI, Rule 16, C. P. C.

( 1 ) THE question to be answered by the Full Bench is as to the effect of an attachment on a prior assignment of the decree and the remedies to be pursued by the assignee decree-holder after the attachment. This problem has to be solved with reference to the statutory provisions in the shape of Order XXI, Rules 16, 53 and 58 of the C. P. C.

( 2 ) BEFORE we attempt to ascertain the precise scope and content of these provisions, we have to state a few facts necessary for this enquiry.

( 3 ) ONE Kanamarlapudi Ranganayakulu (hereinafter referred to as the 1st respondent) obtained a money decree for Rs. 1600. 00 in O. S. No. 650 of 1953 on the file of the Court of the District Munsif, Guntur, against six persons, who figure as respondents 2 to 7 in this enquiry. On 4-10-1956, he transferred the said decree in favour of one Ramarao, the present appellant, for a consideration of Rs. 500. 00 under a duly stamped document. Thereafter, four persons who obtained decrees against the 1st respondent in various Courts attached this decree. The appellant filed a petition in the Court of the District Munsif, Guntur under Order XXI, Rule 16 for recognition of the assignment and for execution of the decree. Notice of this petition was issued to the original decree-holder as also the attaching creditors and they all opposed the petition. The decree-holder resisted this on the plea that the entire consideration for the transfer was not paid, while the attaching creditor contested it on the ground that the transfer was antedated in order to defraud the attaching creditors and that, in any event, the appellant could not maintain the execution petition, his only remedy being to move the attaching Court to raise the attachment. The last contention prevailed with the result that the execution petition was dismissed. The opinion that the assignee decree-holder could not apply for execution of a decree when once it is attached and has to seek his remedy under Order XXI, Rule 59, C. P. C. rested on Yerra Musala Reddy v. P. Ramayya, 5 Ind Cas 1010 (Mad ). An appeal carried by the transferee decree-holder did not bear fruit. It is the order of the appellate Judge that is the subject-matter of this appeal. It may be mentioned here that when the appellant filed a petition under Order XXI, Rule 58 to raise the attachment, it was rejected on the ground that till the transfer was recognised, he had no locus standi to prefer any claim.

( 4 ) WHEN the appeal came up for hearing before Qamar Hasan, J. , the learned Judge made this order:"both the Courts below have relied on 5 Ind Cas 1010 (Mad) in support of their conclusion la so far as the executability of the decree in O. S. No. 650 of 1953 was concerned, but I find that the reasoning in the said case was substantially adopted in Thiruvengadan Pillai v. D. Subbaiah, 1912 Mad WN 176. But the decision in 1912 Mad WN 176 was dissented in Armuga Mudaliar v. Yagamba Bai Ammani, 17 Ind Cas 323 (Mad ). In view of this conflict on the point in dispute in this appeal, I refer the case to a Division Bench which will be pleased to consider whether the case is a fit one to be referred to a Full Bench. "

( 5 ) WHEN accordingly the matter was placed before a Division Bench, it was referred to a Full Bench as decided by the learned Judges.

( 6 ) BEFORE we try to_ resolve the divergence of judicial opinion; we think it will be useful first to discuss the matter in the light of the statutory provisions unhampered by decided cases.

( 7 ) WE shall first turn our attention to Order XXI, Rule 16 which contains the law for an application for execution by the transferee of a decree. It postulates:"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; and the decree may be executed in the sam