1933 (2) TMI 15

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..... llows :- Where a decree...is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the Court which passed it; and the decree may be executed in the some manner and subject to the said conditions as if the application were made by such decree-holder : Provided &c. It is clear on the record in this case that there was no assignment in writing. Mr. Dixit, however, contends that the respondent became a transferee of the decree by operation of law. He says that by reason of the fact that the decree passed in suit No. 422 of 1920 in favour of the respondent ordering Rangubai to deliver the property belonging to Ganpat and the further fact that in execution of that decree amongst ot .....

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..... respondent a transferee of the decree of 1922 "by operation of law" within the meaning of Order XXI, Rule 16. Apart from the facts which I have mentioned the question is, what is the meaning of the expression "by operation of law ?" In my opinion, according to the natural meaning of the words, a transfer by operation of law means a transfer on the death or by devolution or by succession, and a transferee by operation of law would be a legal representative of the deceased decree-holder, or the person in whom the interest of the decree-holder has become vested under a statute, e. g. the Official Assignee of an insolvent under the Presidency-towns Insolvency Act, or the purchaser at a Court sale in execution of a decree. N .....

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..... ight she had ; that right was not transferred to him ; if he had a right, it was derived from his father ; it appears to their Lordships, therefore, that he is not a transferee of a decree within the terms of this section. 3. The only course open to the respondent was either to apply in execution of his own decree for the appointment of a receiver of Rangubai's decree or to follow the procedure laid down in Order XXI, Rule 53, if it was contended that the decree in favour of the respondent gave him the right to proceed in accordance with that rule. Instead of doing this, he proceeded straightway to execute Rangubai's decree as if he was the proprietor of it and this he could not do as there was no assignment of the decree in writin .....

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