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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)