Section 49 of The Code of Civil Procedure, 1908
Transferee.
Every transferee of a decree shall hold the same subject to the equities (if any) which the judgment-debtor might have enforced against the original decree-holder.
Summary
- A "transferee" is someone who has been given the legal rights to a court's decision (decree) by the original winner.
- This person takes the decree with all its existing "equities".
- "Equities" means any fairness claims or rights the debtor had against the person who originally won the case.
- This ensures that transferring a decree does not cheat the debtor out of valid defenses or counter-claims they already had.
Practical examples
FAQ
1. What is a transferee under Section 49 of The Code of Civil Procedure, 1908?
A transferee is a person to whom the rights of a court decree have been legally assigned or moved.
2. Does a transferee get more rights than the original decree-holder under Section 49?
No, Section 49 says they hold it subject to the same "equities" the debtor could have used against the original winner.
3. Can a debtor still use their original defenses if the decree is sold to someone else?
Yes, Section 49 of the 1908 civil law protects the debtor's existing rights (equities) even after the decree is transferred.
Test yourself
1.Under Section 49 of The Code of Civil Procedure, 1908, a transferee of a decree holds it subject to what?
2.In the context of Section 49 of The Code of Civil Procedure, 1908, what does the term "judgment-debtor" refer to?
3.Does transferring a decree under Section 49 of the 1908 Act wipe away the debtor's previous rights against the original winner?
4.Under Section 49 of The Code of Civil Procedure, 1908, if a debtor had a right to a "set-off" against the original plaintiff, can they use it against a new buyer of the decree?