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Report No. 27

II. Amendment of 1956

The amendment made in 1956 in section 47 by re-drafting the Explanation provides that the auction-purchaser is deemed to be a party to the suit. This disposes of the old controversy18 whether the auction-purchaser was a representative of

(i) the decree-holder, or

(ii) the judgment-debtor, or

(iii) both.

The decisions relating to (a)(i)(ii) above are therefore not of much importance now. But the controversy under (b)(i)(ii) above is still important.

Code of Civil Procedure, 1908 Back

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