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Separate Suit by Pendente Lite Transferees Challenging Auction Sale Not Maintainable; SC Explains Section 52 TPA & Section 47 CPC Bar
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December 15, 2025 5:09 PM

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The Supreme Court of India has set aside a judgment of the Punjab and Haryana High Court, ruling that a separate suit instituted by pendente lite transferees (purchasers during the pendency of litigation) to challenge an auction sale conducted by an Executing Court is not maintainable. The Bench, comprising Justice J.B. Pardiwala and Justice R. Mahadevan, held that such a suit is barred under Section 47 of the Code of Civil Procedure (CPC), which mandates that all questions arising between parties or their representatives relating to the execution of a decree must be determined by the Executing Court, not by a separate suit.

In the case of Danesh Singh & Ors. v. Ha”
https://lawtrend.in/separate-suit-by-pendente-lite-transferees-challenging-auction-sale-not-maintainable-sc-explains-section-52-tpa-section-47-cpc-bar/#:~:text=VIP%20MEMBER%20LOGIN,Ors.%20v.%20Har