OPINION OF THE FULL BENCH

1. The question referred concerns the scope of the second proviso to R.16 of the O. XXI of the Indian Code of Civil Procedure (Act V of 1908) (R. 14 of the Travancore Code) which reads:

"Provided also that, where a decree for the payment of money against two or more persons has been transferred to one of them, it shall not be executed against the others."

2. The facts are: The special appellant is the transferee of a decree passed on foot of a deed of hypothecation executed by deceased Pappu, a Muslim, father of defendants 1 to 4 to the 5th defendant to secure future subscriptions in a chitty. The hypothecateee transferred his rights to the 6th defendant who in his turn assigned them to the plaintiff. The decree directed recovery of the amount claimed and the costs of the suit (a) by sale of the first and third items of the hypotheca exonerating the second, (b) from the assets of the deceased Pappu, and (c) from the 5th defendant personally as also the assets of the chitty whereof he was the foreman. There was also a decree for costs against the first defendant who contested the suit. The second appeal arises out of an application for execution of