A sues B to recover Rs 5000 During the pendency of the suit A agrees with C to transfer to him any d...........

Civil Procedure Code (CPC) 1908 Judgment and Decree

A sues B to recover Rs 5000. During the pendency of the suit, A agrees with C to transfer to him any decree that may be passed in his favour in the suit. A decree is subsequently passed for A.

C is not a transferee within the meaning of this rule

C is not entitled to execute the decree against B

Both (A) and (B)

None of these

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Explanation:

Let’s break this down:

- Option 1: C is not a transferee within the meaning of this rule.

- There’s a rule in the Civil Procedure Code (Order 21 Rule 16) about transferring decrees. It basically says you can only transfer a decree after it's passed. Here, A is agreeing to transfer a *potential* (future) decree while the suit is still pending. That doesn't count. So, C doesn’t become a “transferee” under this rule.

- Option 2: C is not entitled to execute the decree against B.

- If you’re not recognized as a proper transferee under the law, you can’t enforce the decree. Because the transfer was made during the suit and before A actually got the decree, C has no standing to execute it against B.

- Option 3: Both (A) and (B).

- Here’s what you’re saying: Both statements above are correct. And, yes, both the logic and the law back this up.

- Option 4: None of these.

- If this were right, it would mean that either C is a proper transferee or can execute the decree—that’s not the case here.

Correct answer: Option 3—Both (A) and (B)

In short: You can’t transfer a future decree and expect the law to recognize it. That’s why C gets nothing here.