AI Structured Summary
Not yet generated for this judgment
Judgment
We cannot accept the contention on behalf of the appellants, that they are decree-holders who can execute the decree without recognition by
the Court which passed the decree of the devolution upon them of the decree. The appellants are not ""decree-holders"" as defined in Section 2 of
the Code of Civil Procedure. Their father was the sole decree-holder, and although the sons may well have been entitled along with him to the
benefits of the decree a thing which has yet to be investigated - it is impossible to say that they were, or are ""decree-holders"". The decree has been
transferred to them by operation of law on the death of their father and Order 21, Rule 16 of the CPC is applicable. With respect we are not able
to agree with the learned Judge who decided the case of Akhori Ramsewak Prasad Vs. Saran Singh and Others, . The decision of the learned
District Judge on this point is in our opinion correct. This appeal is accordingly dismissed with costs.