Section 66 CPC deals with suits concerning property purchased in an execution sale and places restrictions on certain claims relating to the benami nature of an execution purchase.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 66 CPC |
| Subject | Suit against purchaser |
| Nature | Procedural |
| Main purpose | Regulates claims concerning execution-sale purchases |
| Present status | Repealed |
| Related provision | Order XXI |
Present Legal Status
Section 66 CPC has been repealed.
It was historically concerned with suits brought against a person in whose name property had been purchased at an execution sale, where another person claimed that the purchase had actually been made on their behalf.
The provision therefore has no operative effect under the present CPC.
Historical Purpose
Before its repeal, Section 66 restricted certain suits based on allegations that:
- Property had been purchased at an execution sale in the name of one person; but
- The purchase had actually been made on behalf of another person.
The provision was intended to prevent litigation based on undisclosed or benami claims concerning execution-sale purchases.
Effect of Repeal
Since Section 66 is repealed, its former statutory restrictions cannot be treated as the current law.
Any present dispute involving an execution-sale purchaser must be examined under the law currently in force, including applicable property, succession and benami legislation where relevant.
Relationship with Section 65
Section 65 deals with the title acquired by a purchaser at an execution sale.
Section 66 historically dealt with certain suits challenging the apparent ownership of an execution-sale purchaser.
The two provisions therefore addressed different aspects of execution-sale purchases.
Importance for Law Students and Judiciary Exams
What to Remember
- Section 66 CPC is repealed.
- It historically dealt with suits against execution-sale purchasers involving claims of beneficial or undisclosed ownership.
- It has no present operative effect.
- Current disputes must be examined under the law presently applicable.
ALSO READ: Section 64 – Private Alienation After Attachment
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 66 CPC |
| Status | Repealed |
| Historical subject | Suits concerning execution-sale purchasers |
| Present effect | No operative statutory rule |
| Related provision | Section 65 and Order XXI |
