The lsquo Restitution rsquo may be granted to the ndash ........

Civil Procedure Code (CPC) 1908 Death , Marriage and Insolvancy of Parties

The ‘Restitution’ may be granted to the –

Party to the litigation and his legal representatives.

Parties or their representatives, the sureties, transferee pendente lite, attaching decree holder.

Parties, their representatives, sureties, transferee pendente lite, attaching decree holder and bona fide auction purchaser.

Parties or their representatives, transferee pendente lite, attaching decree holder but does not apply to the sureties and a bonafide auction-purchaser.

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Explanation:

[Not applies to the surety and cannot be granted against a bonafide auction purchaser also - State Bank of Saurashtra vs. Chitranjan Rangnath, and Padanathil Ruqmini vs. P.K. Abdulla (1996)7 SCC 668]