another state in that event, the decree holder was
duty bound to get the decree transferred to the court in other state. The
executing court ... thereupon a decree had to
be drawn up. Such a decree being a decree of civil court was capable of being
executed under section
decree-holder and the judgment-debtor in equal
share, the judgment-debtor with the intent to defeat the rights of the
decree-holder, had transferred ... collusive manner and they had
full knowledge that by the transfer, the decree-holder would be
denied a right over the property and the said
cannot resist the execution, the
plaintiff need not worry at all about transfers pendent lite and so occasions
for invoking powers under Order XXXIX Rule ... rights of any party
under any decree, which may be passed in the suit. Thus, such pendent
lite transfer, even if effected without permission
done if a transfer
certificate was issued by the court under Section 39 of the CPC
transferring the decree to the court of competent jurisdiction ... Transfer of decree- (1) The court which passed
a decree may, on the application of the decree-
holder, send it for execution to another court
appears that on 29 September 2015, the Council transferred the
award as a decree in Execution Petition No.1 of 2005 to this Court ... Council and that it was accordingly valid.
A copy of the transfer decree was received by the Petitioner on 28 October
2015.
2.15 The Petitioners
able to decide in which
Court he should get the decree transferred. Therefore, as
and by way of last chance, defendant is directed to
disclose
alia, provides that, "where................the interest of any decree-holder in
the decree is transferred by assignment in writing or by operation ... cases of transfer of the decree after the decree has been
passed, and not to cover cases where the transfer/ assignment by a party
unless the award is passed by the
Council at Chandigarh is transferred like decree under the
provisions of C.P.C . the award ... held that
there is no need to transfer the award like a civil court decree.
Considering the rival contentions, perusing the material
available on record
above Suit on 30th October,1998, only
for an order and decree against the Defendant ... Supplementary Deed of Assignment dated 15th March, 2014, the original
Plaintiff transferred and assigned his entire claim and receivables in Suit
properly. Apart from that, it is difficult for any decree-holder to get his
decree transferred to another Court before receipt of the assets ... Procedure is the
existence of more than one decree against the same judgment
debtor and the decree-holders have made their applications for
execution
