Define the term Decree holder

Question: Define the term Decree holder.

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Answer

Decree holder- According to Section 2(3) of CPC, 1908, “decree-holder” means any person in whose favour a decree has been passed or an order capable of execution has been made.

In Dhani Ram v. Lala Sri Ram 1980 AIR 157, the court held that the decree-holder need not necessarily be the plaintiff. A person who is not a party to suit but in whose favour an order capable of execution has been passed is also a decree-holder.

Order XXI Rule 16 CPC deals with an application for execution by the transferee of a decree. Such a person also comes within the expression ‘holder of a decree’. The expression ‘holder of a decree’ in Order XXI Rule 10 CPC takes in parties other than those whose names appear on the decree. Likewise, a legal representative of the decree-holder, though his name may not be inscribed in the decree, can execute it as provided in the CPC. A transferee is also entitled to execute the decree.

The sum and substance of the legal principles to be borne in mind regarding the terms ‘decree holder’ and ‘holder of a decree’ can be stated like this. The term ‘decree holder’ denotes a person

1. in whose favour a decree has been passed
2. in whose favour an order capable of execution has been passed and
3. whose name appears in the decree, either as plaintiff or defendant, and the following conditions are satisfied:

1. 1. the decree must be one capable of execution and
   2. the said person, by the terms of the decree itself or from its nature, should be legally entitled to seek its execution.

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