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decree-holder

English · dih-KREE HOHL-der · Courts and procedure

Meaning. The person in whose favour a decree, or an executable order, has been passed.

Section 2(3) of the Code of Civil Procedure, 1908 defines a decree-holder as any person in whose favour a decree has been passed or an order capable of execution has been made. The person need not have been the plaintiff: a defendant who obtains a decree (for example, for costs or a set-off) is also a decree-holder.

The opposite party is the judgment-debtor (s.2(10)). A decree-holder applies for execution under Order XXI; a transferee of the decree may also execute it under Order XXI Rule 16. Execution must ordinarily be sought within twelve years of the decree becoming enforceable (Article 136, Limitation Act, 1963).

Example

Having obtained a money decree, the decree-holder filed an execution petition seeking attachment of the judgment-debtor's salary.

In Indian law

  • Sections 2(3) and 2(10), Code of Civil Procedure, 1908
  • Order XXI, Code of Civil Procedure, 1908: execution of decrees

See also

decree · execution

Read more in the study notes

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