Execution of Decree-- Subsequent Purchaser from Judgment Debtor -- He becomes a representative, not a third party – Representative status bars a separate suit under Section 47 CPC
A subsequent purchaser of property from a judgment debtor, after attachment and decree, is not a third party to execution proceedings but a representative of the judgment debtor under Section 47 of the Code of Civil Procedure, 1908. Such a purchaser steps into the shoes of the judgment debtor and occupies no higher position, acquiring no independent title. All questions relating to attachment, execution, sale and issuance of sale certificate are matters of execution to be decided by the executing court under Section 47 and Order XXI CPC, and a separate suit is barred. Under Section 64 CPC, a transferee of attached property acquires no right capable of defeating claims under attachment.
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