All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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41.

“decree-holder” means

A: any person in whose favour a decree has been passed or an order capable of execution has been made
B: any person in whose favour a decree has been passed or an order incapable of execution has been made
C: any Citizen in whose favour a decree has been passed or an order capable of execution has been made
D: any corporation in whose favour a decree has been passed or an order capable of execution has been made

The answer is: A

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Explanation

The correct option is A: any person in whose favour a decree has been passed or an order capable of execution has been made.

This is the definition of "decree-holder" according to Section 2 (3) of the Code of Civil Procedure, 1908. A decree-holder can be any person, not necessarily a party to the suit, who is legally entitled to seek the execution of the decree or order. The term "holder of a decree" is broader than "decree-holder" and includes other persons who have acquired the right to execute the decree, such as transferees or legal representatives. The other options are incorrect because they either limit the scope of the term "decree-holder" to a specific category of persons (such as citizens or corporations) or contradict the requirement of the order being capable of execution.