Section 36(2) in The Bengal Money-Lenders Act, 1940
(2)If in exercise of the powers conferred by sub-section (1) the Court reopens a decree, the Court-(a)shall, after affording the parties an opportunity of being heard, pass a new decree in accordance with the provisions of this Act, and may award to the decree-holder such costs in respect of the reopened decree as it thinks fit:[Provided that where, in consequence of the execution of the decree which is reopened, the property of the judgment-debtor has been purchased bona fide by any person other than the decree-holder jointly with the decree-holder, the decree-holders claim and the judgment-debtors liability in respect of the decree which is reopened shall be reduced by the amount of the purchase money paid by such other person and received by the decree-holder,] [Proviso Inserted by W.B. Act 21 of 1965.](b)shall not do anything which affects any right acquired bona fide by any person, other than the decree-holder, in consequence of the execution of the reopened decree,(c)shall order the restoration [of possession] [Words Inserted by W.B. Act 21 of 1965.] to the judgment-debtor of such property, if any, of the judgment-debtor acquired by the decree-holder in consequence of the execution of the reopened decree as may be in the possession of the decree-holder on the date on which the decree was reopened,(d)shall order the judgment-debtor to pay to the decree-holder, in such number of instalments as it may think fit, the whole amount of the new decree passed under clause (a)[and upon such payment of all the instalments the sale shall be deemed to have been set aside] [Words Inserted by W.B. Act 21 of 1965.], and(e)shall direct that, in default of the payment of any instalment ordered under clause (d), the decree-holder shall be put into possession of the property referred to in clause (c) and that the amount for which the decree-holder purchased such property in execution of the reopened decree shall be set off against so much of the amount of the new decree as remains unsatisfied.
