This is an application by an assignee decree-holder to execute the decree. It is found that the assignment was benami for one of the judgment-debtors. On this finding his application was rightly dismissed under O. XXI, R.
16. The transferee must first prove his right before he can be allowed to execute and it is only then, any question of adjustment by payment arises. See Bayyana Ramayya v. Nidamarthi Krishnamurthi (3 L.W., 185). The appeal against the appellate order is dismissed with costs.
Mohamad Rowter v. Pichai Rowther And Others
(High Court Of Judicature At Madras)
Appeal Against Order No. 144 Of 1914 | 18-07-1916
Advocate List
Bench
- HON'BLE MR. JUSTICE SPENCER
- HON'BLE MR. JUSTICE KRISHNAN
Eq Citations
- 35 IND. CAS. 624
- LQ/MadHC/1916/251
Head Note
Civil Procedure Code, 1908 — Or. XXI Rr. 15 & 16 and Or. 23 R. 3 — Execution of decree — Assignment of decree — Assignment benami for one of the judgment-debtors — Application for execution rightly dismissed
