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Ramachandra Aiyar Vs. Subramania Chettiar and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1904)14MLJ393
AppellantRamachandra Aiyar
RespondentSubramania Chettiar and anr.
Excerpt:
- bhashyam aiyangar, j.1. there is no provision of law which requires the court to recognize the validity of the transfer of a decree before the transferee can apply under section 232, c.p.c., to exe-cute the decree. the only application which a transferee who, according to the definition of the term decree-holder is himself a decree-holder, can make is an application under section 232, c.p.c., for execution of the decree and he cannot make an application to the court merely for recognizing him as transferee of the decree. the revision petitions are dismissed with costs.
Judgment:

Bhashyam Aiyangar, J.

1. There is no provision of law which requires the Court to recognize the validity of the transfer of a decree before the transferee can apply under Section 232, C.P.C., to exe-cute the decree. The only application which a transferee who, according to the definition of the term decree-holder is himself a decree-holder, can make is an application under Section 232, C.P.C., for execution of the decree and he cannot make an application to the Court merely for recognizing him as transferee of the decree. The revision petitions are dismissed with costs.


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