Joy Gobinda Chowdhury vs Debendra Nath Bose and Others

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 CPC 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.