Code

CPC 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.

Perfect! Now we are at Section 49 CPC – Transferee of Decree. Here’s the structured ApniLaw-style article for it:

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Section 49 CPC: Transferee of Decree

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Code

Section 49 – Code of Civil Procedure, 1908

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.

📖 Source: Section 49 CPC – Transferee of Decree (ApniLaw)

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Explanation

• This section deals with transfer of decrees (when the decree-holder assigns or transfers his decree to another person).
• The transferee does not get absolute rights but steps into the shoes of the decree-holder.
• The judgment-debtor retains the right to enforce all equities, defenses, and set-offs against the transferee that he could have enforced against the original decree-holder.
• This ensures fairness and prevents decree-holders from defeating equitable defenses by simply transferring decrees.

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Illustrations

1. Example 1 – Set-off available:
   • A decree-holder (X) transfers his decree against Y (judgment-debtor) to Z.
   • Y had a valid set-off or adjustment against X.
   • Even after transfer, Y can enforce the same against Z (the transferee).
2. Example 2 – Collusion avoided:
   • If X transfers his decree to Z in order to defeat Y’s equitable defense (like fraud or partial satisfaction), Y can still raise those defenses against Z.

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Common Questions and Answers

1. Who is a “transferee of decree”?

👉 A person who obtains the rights of a decree-holder by assignment, transfer, or operation of law.

2. Can a transferee of a decree execute it directly?

✅ Yes, but only after obtaining recognition from the court under Order 21 Rule 16 CPC.

3. What does “subject to equities” mean in Section 49?

👉 It means the judgment-debtor’s rights and defenses remain intact and can be used against the transferee just as they could against the original decree-holder.

4. Why is this provision important?

⚖️ To prevent decree-holders from transferring decrees to avoid defenses and to protect judgment-debtors from being unfairly prejudiced.

5. Can a decree-holder transfer only part of his decree?

✅ Yes, partial transfers are possible, but the court’s leave is required for execution.

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Conclusion

Section 49 CPC ensures that when a decree is transferred, the transferee cannot claim a better position than the original decree-holder. The judgment-debtor’s rights remain protected, maintaining a balance of fairness in execution proceedings.

👉 Read More: Section 49 CPC – Transferee of Decree (ApniLaw)