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Judgment
Maclean, C.J.—This appeal must be allowed. I am unable to share the view taken by the District Judge that a purchaser from an auction-purchaser is not entitled to the privilege of avoidance given to the latter by sec 37 of Act XI of 1859. It seems to have been decided, so far back as the year 1874, in the case of Koilas Chandra Dutt v. Jabbar Ali 22 W. R. 29 (1874)., that the assignee of an auction-purchaser is entitled to exercise the powers of avoidance given by that section. The case, therefore, must go back to be tried out on the merits and, as there is an objection taken by the Respondents in this appeal that all the necessary parties were not before the Court, the lower Appellate Court, in dealing with the matter, must take that into consideration. If the necessary parties are not before the Court, they must be brought in. The Appellant will get the costs of this appeal and of the lower Appellate Court.
Caspersz, J.
I am of the same opinion.