Supreme Court · 1979 INSC 47 · Decided 21 February 1979

Tarinikamal Pandit and ORS. v. Perfulla Kumar Chatterjee (Dead) BY L.RS.

Court
Supreme Court of India
Citation
1979 INSC 47 · [1979] 3 S.C.R. 340
Case number
CIVIL APPEAL No. 1626/1973
Decided
21 February 1979
Bench
V.R. KRISHNA IYER, P.S. KAILASAM, A.D. KOSHAL (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 66

Headnote

Plea, which is a pure question of lalv taken for the first time may be permitted to be raised even at the last tier of appellate stage fn the Sr1preme Court. Suit against purchaser, non-n1aintainability on ground of purchase being C on behalf of plaintiff-Whether applies to an auction sale by a 1 of the Civil Procedure Code--Scope of sec­ tion 66 of the C.P.C. read wlih Order XX/ Rule 82 and Order XL Rule I. "Purchase certified by the Court" in Section 66 refers only to 1he ci~rti­ ficate issued by the Court to the Purchaser under Order XXl Rule 94 C.P.C~. D The

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