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Joy Gobinda Chowdhury Vs. Debendra Nath Bose and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1919Cal979(1),46Ind.Cas.216
AppellantJoy Gobinda Chowdhury
RespondentDebendra Nath Bose and ors.
Excerpt:
civil procedure code (act xiv of 1882), section 317, applicability of, to persons claiming through certified purchaser. - 1. this appeal must stand dismissed. the sale, took place under the old code of civil procedure. section 317 of the old code enacted that no suit should be maintained against the certified purchaser. the decisions of this court show that the certified purchaser meant the certified purchaser and only the certified purchaser. now, considerable alterations have been made in the wording of section 66 of the present code of civil procedure, which corresponds to section 317 of the old code. it is said that the provision extends not only to the certified purchaser but also to persons claiming through the certified purchaser and that, therefore, the present suit could not be maintained against the present defendants. there is no reason to think that the passing of the code of civil procedure of.....
Judgment:

1. This appeal must stand dismissed. The sale, took place under the old Code of Civil Procedure. Section 317 of the old Code enacted that no suit should be maintained against the certified purchaser. The decisions of this Court show that the certified purchaser meant the certified purchaser and only the certified purchaser. Now, considerable alterations have been made in the wording of Section 66 of the present Code of Civil Procedure, which corresponds to Section 317 of the old Code. It is said that the provision extends not only to the certified purchaser but also to persons claiming through the certified purchaser and that, therefore, the present suit could not be maintained against the present defendants. There is no reason to think that the passing of the Code of Civil Procedure of 1908 took away the rights that the plaintiff had before that Code came into operation. The present appeal fails and must be dismissed with costs.


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