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Javermal Hirachand Vs. Umaji Hayabati - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1885)ILR9Bom179
AppellantJavermal Hirachand
RespondentUmaji Hayabati
Excerpt:
civil procedure code, act xiv of 1882, section 341 - decree--execution--transfer--assignment. - - 1. the transferee of a decree is not entitled to have execution as of right like the original decree-holder;kemball, j.1. the transferee of a decree is not entitled to have execution as of right like the original decree-holder; but section 232 of the code of civil procedure (xiv of 1882) provides that, if the transfer be by assignment in writing, the transferee may apply for execution, and it provides what course under such circumstances may be taken.
Judgment:

Kemball, J.

1. The transferee of a decree is not entitled to have execution as of right like the original decree-holder; but Section 232 of the Code of Civil Procedure (XIV of 1882) provides that, if the transfer be by assignment in writing, the transferee may apply for execution, and it provides what course under such circumstances may be taken.


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