Order 4

Order Details: COPY OF ORDER
Pdf Text: EX 45/25
MUKESH SINGH Vs. YATINDER BHARDWAJ
04.10.2025
Present: Sh. S.A. Khan, Ld. Counsel for decree holders alongwith
one of the decree holder namely Mukesh Singh.
Ld. Counsel for JD.
1. JD has preferred a reply to decree holder’s application U/O XXI
Rule 16 CPC read with Section 146 CPC.
2. JD has also preferred an application seeking waiver of cost imposed
on last date. Copy supplied.
3. Cost imposed on last date is waived.
4. Arguments on application U/O XXI Rule 16 CPC heard. JD is
objecting to the assignment of rights made by DH-2/Rishi Dubey in
favour ofAshu Jain qua the decree in question on the ground that she
is a third party and not a family member of the decree holders and
therefore, as per JD, such assignment should not be allowed. He also
argued that as per his reading of Order XXI Rule 16 CPC, a joint
decree in favour of a number of decree holders can be assigned by
one decree holder to another and not to any person who was not
party to the suit. On the said grounds, the application is opposed.
5. I may note that one Ashu Jain has moved the present application
alongwith copy of an assignment deed duly signed by DH-2. As per
the said application, the rights under the decree have been assigned
by DH-2 in favour of Ashu Jain vide assignment deed dated
10.07.2025.
6. On 11.07.2025, all the decree holders were present in the Court and
DH-2 had confirmed the fact of signing of the aforesaid assignment
deed in favour of Ashu Jain.
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7. The relevant portion of the said order reads as under:
“
Present: Sh. S.A. Khan, Ld. counsel for DHs with DHs.
Counsel for DHs has moved an application u/O
XXI Rule 16 r/w sec. 146 & 151 CPC whereby DH-2 seeks
to assign his rights in the decree in favour of one Ashu Jain.
The said application is filed by Ashu Jain. DH-2/Rishi Dubey
is present in court and he confirms that he had now assigned
his rights qua the decree dated 04.12.2024 passed in CS no.
80/2020 in favour of Ashu Jain. He submits that he has
signed a written assignment deed in this regard Ex.X1 (filed
with the aforesaid application) and it bears his signatures on
each page at point A1 to A4 (OSR). Let the coloured copy of
the said assignment deed be placed on record by Ashu Jain.
Signatures in this regard are taken on this order-
sheet from DH-2/Rishi Dubey.
It is his submission that he has no objection in
case the aforesaid application is allowed.
Let notice of this application be issued to the JD
through all permissible modes on filing of PF.
Counsel for DHs has placed on record various
FDRs (as per list) totaling to a sum of Rs.1,22,10,000/-
(Rupees One Crore Twenty Two Lacs and Ten Thousand
only).
To come up for reply and arguments on the
aforesaid application on 21.08.2025. Dasti.”
8. Counsel for decree holders submits that DH-1/Mukesh Singh is
already present in Court and he has no objection to the assignment
made by DH-2 of his rights under the decree in favour of Ashu Jain.
He further points out that the other decree holder i.e. DH-3 is already
a witness to the aforesaid assignment deed and he submits on
instructions that DH-3 too does not have objection to the assignment
made in favour of Ashu Jain.
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9. Signatures of DH-1 and Counsel for DH-3 are taken on this order-
sheet in this regard.
10. A bare perusal of order XXI Rule 16 CPC shows that there is no bar
in law which prohibits assignment of rights/interests under a decree
being transferred in writing to any person. The law does not mandate
that such transferee should be a joint decree holder or should be a
family member of decree holder. Thus, the objections raised by JD
are without any legal basis and are thus, overruled.
11. Accordingly, the present application is allowed and Ashu Jain W/o
Sachin Jain is taken as transferee of rights/interests under the decree
qua the rights available to DH-2/Rishi Dubey. Application is
disposed of accordingly.
12. Let decree holders file an amended memo of parties within 3 days
from today.
13. At this stage, Counsel for JD submits that he is willing to abide by
the decree and is willing to execute the relevant conveyance deed in
favour of decree holders/assignees.
14. With the consent of parties, date of 15.10.2025 is agreed between the
parties as the date on which JD shall appear before the concerned
Sub-Registrar for execution of relevance conveyance deed/sale deed
in favour of decree holders/their assignees, as per law.
15. List on 31.10.2025.
16. Dasti to parties.
Aashish Gupta
DJ-01/NE/KKD/DELHI
04.10.2025
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