THE HON’BLE SRI JU​STICE V.ESWARAIAH CIVIL REVISION PETITION No.3612 of 2009 Date:11.09.2009 Between: G. Raghupathi. ..Petitioner AND R. Srinevasulu. ..Respondent THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.3612 of 2009 ORDER: This revision is directed against order dated 02.06.2009 passed in an unnumbered E.P. of 2008 in S.C.No.83 of 1996 by the Additional Senior Civil Judge, Chittoor, whereby the executing Court rejected the E.P. as not maintainable. The petitioner claiming that the original plaintiff, who instituted the suit against the respondent for recovery of money and obtained decree, transferred the decree in his favour and styling himself as the decree holder filed the above E.P. under Order XXI Rule 37 C.P.C. seeking arrest and detention of the respondent/defendant/judgment debtor for realization of the decretal amount. The executing Court rejected the E.P. since the petitioner failed to show any provision of law allowing transfer of decree. As seen from the record, the petitioner is a third party to the proceedings. Stating that the original plaintiff/decree holder transferred the decree in his favour, he styled himself as the decree holder and filed the E.P. against the respondent/defendant/judgment debtor, and the executing Court rejected the E.P. there being no provision of law allowing such transfer. The finding recorded by the executing Court, while rejecting the E.P., that there was no provision of law allowing transfer of decree and therefore, the E.P. is not maintainable is erroneous, since as per Order XXI Rule 16 C.P.C. an application for execution by transferee of decree is permissible. However, except filing the affidavit in the E.P., the petitioner has not produced any material supporting his case of transfer of decree by the original plaintiff in his favour. In the absence of any proof of transfer of the decree in favour of the petitioner, his claim cannot be accepted. Therefore, the Civil Revision Petition is dismissed. No order as to costs. _______________ V. ESWARAIAH, J 11th September, 2009 GHN