‘decree-holder’

By Y.Srinivasa Rao, Principal Senior Civil Judge, Tirupati.

TABLE OF CONTENTS:

  1. Decree-holder” section 2 (3) of CPC
  2. The scope of the expression “decree holder”
  3. “Holder of a decree” Vs. “Decree holder”

Decree-holder” section 2 (3) of CPC
“decree-holder” means any person in whose favour a decree has been passed or an order capable of execution has been made;
This provision has two limbs. The first limb says that decree holder means any person in whose favour a decree has been passed. The second limb says that the decree holder means any person in whose favour an order capable of execution has been made.
The word “ decree holder ” denotes a person
(1) in whose favour a decree has been passed
(2) in whose favour an order capable of execution has been passed and
(3) whose name appears in the decree, either as plaintiff or defendant, and the following conditions are satisfied: (i) the decree must be one capable of execution and (ii) the said person, by the terms of the decree itself or from its nature, should be legally entitled to seek its execution.
A Division Bench of the Hon’ble Kerala High Court in P.Narayanan Nair v. E.Achuthan Nair (1972 KLJ 769:1973 KLT 299) has clearly held that a suit for determining the boundary dispute is maintainable under Section 9 CPC. This Court in clear terms found that such a legal action is a suit of a civil nature falling within the scope of Section 9 CPC.

The scope of the expression “decree holder”:
Division Bench of the Hon’ble High Court of Allahabad in Ajudhia Prasad v. The U.P. Govt. through the Collector (AIR 1947 All. 390) has considered the scope of the expression “decree holder” occurring in Section 2(3) CPC and held
as follows:
“Now it is clear from this that a person in whose favour an order capable of execution has been made is also a decree holder. It is also evident from this definition that a decree-holder need not be a party to the suit. He may be ‘any person’. ………..”


“Holder of a decree” Vs. “Decree holder”:-
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. (See. Somavally and Others’ case (supra)).

Civil Law

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