Transferee
Full Text
Every transferee of a decree shall hold the same subject to the equities (if any) which the judgment-debtor might have enforced against the original decree-holder.
Plain English Summary
Section 49 applies the equitable principle that an assignee of a decree steps into the shoes of the original decree-holder, taking the decree subject to all equities, cross-claims, and adjustments that the judgment-debtor could have asserted against the assignor.
Key Legal Elements
- Assignment of Decrees: Governs rights acquired by transferees/assignees of civil decrees (Order XXI Rule 16).
- Subject to Existing Equities: Transferee takes the decree encumbered by all defenses and set-offs available to the debtor.
- Derivative Title: Transferee cannot enjoy greater execution rights than the original decree-holder.
- Protection of Judgment-Debtor: Prevents decree-holders from defeating debtor cross-claims through collusive assignment.
Practical Note
Equitable Defenses Against Assignee of a Decree: (1) Derivative Rights: An assignee under Order XXI Rule 16 cannot acquire better rights than the original decree-holder. (2) Cross-Decrees & Set-Off (Order XXI Rules 18 & 19): If the judgment-debtor held an adjustment, part-payment, or cross-decree against the assignor prior to assignment, they can enforce that equity directly against the transferee to reduce execution liability. (3) Nexus to Decree: Only equities directly attaching to the decree itself are enforceable; independent personal claims arising after notice of assignment cannot be set off.
हिंदी पाठ
डिक्री का प्रत्येक समनुदेशिती (अन्तरिती) उस डिक्री को उन साम्याओं (यदि कोई हों) के अध्यधीन धारण करेगा जिन्हें निर्णीत-ऋणी (देनदार) मूल डिक्रीदार के विरुद्ध प्रवर्तित करा सकता था।