The Difference in ‘Decree Holder’ & ‘Holder of a Decree’

The Difference in ‘Decree Holder’ & ‘Holder of a Decree’
July 18, 2015  ‘Legal Cell’ , Kochi

The Difference in ‘Decree Holder’ & ‘Holder of a Decree’ – Kerala High Court

Order XXI Rule 16 CPC deals with an application for execution by transferee of a decree. Such a person also comes within the expression ‘holder of a decree’.

The expression ‘holder of a decree’ in Order XXI Rule 10 CPC takes in parties other than whose name appear on the decree. Likewise, a legal representative of the decree holder, though his name may not be inscribed in the decree, can execute it as provided in the CPC. A transferee is also entitled to execute the decree.

Similarly, the term ‘holder of a decree’ takes in not only the ‘decree holder’, but other rightful persons like transferee of a decree, legal representative, etc.

Decree Holder

The term ‘decree holder’ defined in Section 2(3) CPC takes in persons whose names appear on the record as the persons in whose favour the decree was made. It includes persons who have been recognized by the court by order as the decree holder from the original plaintiff or his representative.

See Also : Paupayya v. Narasannah (ILR 2 Madras 216)

The sum and substance of the legal principles to be borne in mind regarding the terms ‘decree holder’ and ‘holder of a decree’ can be stated like this. The term ‘decree holder’ denotes a person

(i) in whose favour a decree has been passed

(ii) in whose favour an order capable of execution has been passed and

(iii) whose name appears in the decree, either as plaintiff or defendant, and the following conditions are satisfied:

(a) the decree must be one capable of execution and

(b) the said person, by the terms of the decree itself or from its nature, should be legally entitled to seek its execution.

Order XXI Rule 10 CPC
The expression ‘holder of a decree’ occurring in Order XXI Rule 10 CPC takes in a transferee of a decree and a legal representative of the decree holder also.

The expression ‘holder of a decree’ in Order XXI Rule 10 CPC takes in parties other than whose name appear on the decree. Likewise, a legal representative of the decree holder, though his name may not be inscribed in the decree, can execute it as provided in the CPC. A transferee is also entitled to execute the decree.

Reference Links:-
The Difference in ‘decree holder’ & ‘holder of a decree’ – Kerala High Court
‘http://www.lawkam.org/civil/difference-in-decree-holder-holder-of-a-decree/969/’

Can a decree in a suit for fixation of common boundary of the properties belonging to the plaintiffs and defendants be executed at the instance of the defendants?
‘http://www.keralaw.com/volume/41/2737′

Useful Links:-

• 1) Decree Holders entitled to Enjoy Fruits of the Decree Expeditiously: Supreme Court
• 2) Fraud and its Effects: The Law, Supreme Court of India
• 3) ‘Fraud and collusion vitiate even the most solemn proceedings in any civilised system of jurisprudence’ – Meghmala & Ors vs G.Narasimha Reddy & Ors on 16 August, 2010
• 4) ‘Judicial pronouncements unlike sand dunes are known for their stability/finality ‘- Supreme Court
• 5) ‘Criminals that use clever tactics and tricks to try and manipulate their victims’ – Victim Support
• 6) ‘Judgment Fraud in Abu Dhabi, Uninted Arab Emirates’