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CALCUTTA HIGH COURT
Sale, J.
Nando Lal - Appellant
Versus
Chutterput Sing - Respondent
Decided On : 15-02-1902
Civil Procedure - Execution of Decree - Sections 232, 39 - The court held that an assignee of a decree can only apply for execution under Section 232 of the Civil Procedure Code, and there is no provision for the assignee to apply to transmit the decree for execution to another court. The court directed that the application be treated as one under Section 232 and notice be issued accordingly.
Fact of the Case:
The case involves an application to transmit a decree for the purpose of execution in another court, filed by an assignee of the decree.
Finding of the Court:
The court held that the assignee can only apply for execution under Section 232 of the Civil Procedure Code, and there is no provision for the assignee to apply to transmit the decree for execution to another court.
Issues: Whether an assignee of a decree can apply to transmit the decree for execution to another court, or if the assignee must apply for execution under Section 232 of the Civil Procedure Code.
Ratio Decidendi: The court's decision was based on the interpretation of the relevant provisions of the Civil Procedure Code, specifically Sections 232 and 39. The court found that the Code does not provide for an assignee to apply to transmit a decree for execution to another court, and the only option available to the assignee is to apply for execution under Section 232.
Final Decision: The court directed that the application be treated as one under Section 232 of the Civil Procedure Code, and notice be issued accordingly.
JUDGMENT
Sale, J. - It has been the practice of this Court to consider applications to transmit decrees, not applications for execution, and there is no section which says that on an application to transmit for the purpose of execution in another Court, notice must go. It is only when an application is made for execution.
2. But the only section under which an assignee can come in, is u/s 232 of the Code, and that section only provides for an application to the Court which passed the decree. There is no section under which an assignee can apply to transmit for execution to another Court. As the Code now stands, I submit, the assignee must come to the Court which passed the decree. At any rate, rather than run the risk of the judgment-debtor raising this point and incurring costs in the mofussil Courts, I ask in the first place for a notice to issue u/s 232 of the Civil Procedure Code.
Sale, J.
3. Very well, let this be treated as an application for execution u/s 232 of the Civil Procedure Code, and let notice issue under that section to the assignee and the judgment-debtor.
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