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Vaishno Devi Construction v. Union of India

Code of Civil Procedure 1908 – Ss. 47 & 146; O. XXI R. 16 – Questions to be determined by the Court executing decree – Proceedings by or against representatives – Application for execution by transferee of decree – the objective of amending Order XXI Rule 16 of the CPC by adding the Explanation was to avoid separate suit proceedings being filed therefrom and to that extent removing the distinction between an assignment pre the decree and an assignment post the decree.

The Explanation clearly stipulates that nothing in Order XXI Rule 16 of the CPC would affect the provisions of Section 146 and the transferee of the right in property which is subject matter of a suit may apply for execution of the decree without separate assignment of the decree as required by law. [Para 27]