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CS Professional · Drafting, Pleadings and Appearances · Pleadings

At a court auction in execution of a decree, Gopal bought the judgment-debtor's land. He now faces obstruction in getting possession. Under Section 47 of the Code of Civil Procedure, 1908, what is the correct forum and procedure?

Gopal should approach the executing Court. Explanation II to Section 47 deems an auction purchaser a party to the suit and treats questions about delivery of possession as execution questions, so no separate suit is required.

  1. AA separate suit, since Gopal is a stranger to the original suit
  2. BThe executing Court, as Gopal is deemed a party and delivery of possession is a question relating to executionCorrect
  3. CThe Central Government
  4. DA Rent Controller only

Explanation

Explanation II to Section 47 deems an auction purchaser a party to the suit and treats questions of delivery of possession to him as questions relating to execution, discharge or satisfaction. They are decided by the executing Court, not by a separate suit.

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