Transferee decree-holder rights after amalgamation may be executed under Order XXI Rule 16 without amending the decree.

A transferee bank that acquires decree rights through amalgamation may be recognised as assignee-decree-holder and permitted to execute the decree under Order XXI, Rule 16, after notice to the parties. No amendment of the decree is required for such execution, because the decree rights pass to the transferee by assignment. The lower court erred in treating amendment as necessary and in refusing execution on that basis; the execution application was directed to proceed in accordance with law.

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Issues: Whether the transferee bank, after amalgamation, could be recognised as assignee-decree-holder and permitted to execute the decree under Order XXI, Rule 16 of the Code of Civil Procedure, 1908, without any amendment of the decree.

Analysis: The rights under the decree had passed to the new bank as a result of amalgamation. The proper course was to recognise the assignment after notice to the parties and then permit execution by the transferee decree-holder under Order XXI, Rule 16. No amendment of the decree was required, and the lower court had misconceived the nature and scope of the execution application.

Conclusion: The transferee bank was entitled to be impleaded and to execute the decree as assignee-decree-holder under Order XXI, Rule 16; the refusal to do so was unsustainable.

Final Conclusion: The appeal succeeded, the lower court's order was set aside, and the execution application was directed to proceed in accordance with law.

Ratio Decidendi: A transferee decree-holder may execute the decree under Order XXI, Rule 16 upon recognition of the assignment after notice, and such execution does not require amendment of the decree.

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