AIR 1944 PATNA 105

Patna High Court

Hon'ble Judge(s): Varma, Chatterji , JJ

Civil P.C. (5 of 1908) , S.47— Mortgage suit - Subsequent purchaser party to suit but no personal decree passed against him - He is still party to suit and objection by him to attachment of his property in execution of personal decree - Objection is u/S.47 and appeal lies from order on objection. In order that a person may be regarded as a party within the meaning of S. 47, it is not necessary that he should be a party to the decree sought to be executed, but he should be a party to the suit in which that decree was passed. The mortgage suit does not terminate until the personal decree has been passed. Hence, the subsequent purchaser-who has been made a party to the mortgage suit against whom no personal decree has been passed is a party to the suit within the meaning of S. 47 and is therefore entitled to raise an objection under S. 47 when his property is attached in execution of the personal decree and an appeal lies from the order dismissing his objection :(Para 106a,b,e,f)