Report No. 144
It appears to us that, in the interest of smooth and expeditious disposal of execution proceedings, it is preferable to in corporate the view taken by the High Courts of Madhya Pradesh, Rajasthan and Calcutta and we recommend that Order 21, rule 97 be amended for the purpose in a suitable manner. It may be convenient to add an Explanation below Order 21, rule 97, as under:
"Explanation.-Clothing in this rule shall be constructed as enabling a purchaser who is not the decree-holder for any person acting at the instance of such person) to apply under this rule".
8.3. Order 23, rule 1(3), and abatement of suit
8.3.1. Order 23, rule 1(3) permits withdrawal of a suit with liberty to file a fresh suit in certain circumstances namely, "formal defect" or "sufficient grounds".