Execution of Decree -- Subsequent Purchaser from Judgment Debtor -- Representative of judgment debtor -- Separate suit barred under Section 47 CPC
Civil Procedure Code, 1908, S.47 -- Execution of Decree -- Subsequent Purchaser from Judgment Debtor -- A subsequent purchaser of property from a judgment debtor, after attachment and decree, is not a third party to execution proceedings but a representative of the judgment debtor -- Such a purchaser steps into the shoes of the judgment debtor and acquires no independent title or higher position -- All questions relating to attachment, execution, sale, and issuance of sale certificate are matters to be decided by the executing court under S.47 and O.XXI CPC, and a separate suit is barred -- Under S.64 CPC, a transferee of attached property acquires no right capable of defeating claims under attachment.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
