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[Cites 0, Cited by 0] [Section 72] [Entire Act]

Union of India - Subsection

Section 72(3) in The Code of Civil Procedure, 1908

(3)Where a decree-holder purchases, by himself or through another person, without such permission, the Court may, if it thinks fit, on the application of the judgment-debtor or any other person whose interests are affected by the sale, by order set aside the sale; and the costs of such application and order, and any deficiency of price which may happen on the re-sale and all expenses attending it, shall be paid by the decree-holder.
High Court Amendments-[Allahabad].-In sub-rule (2) for the words "with such permission" read "the property sold" and re-number this sub-rule as rule 72 and delete sub-rules (1) and (3).-(24-7-1926).[Patna].-(i) In rule 72(1) substitute the following for sub-rule (1):"(1) No holder of a decree in execution of which property is sold shall be precluded from bidding for or purchasing the property unless an express order to that effect is made by the Court."(ii) In sub-rule (2) for the words "with such permission" substitute the words "the property".(iii) Substitute the following for sub-rule (3):"(3) Where notwithstanding an order made under sub-rule (1) a decree-holder purchases the property by himself or through another person the Court shall, on the application of the judgment-debtor or any other person whose interests are affected by the sale, by order set aside the sale; and the cost of such application and order and any deficiency of price which may happen on the re-sale and all expenses attending it shall be in the discretion of the Court."