1933 (2) TMI 15

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....lows :- 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 oth....

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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. No....