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The High Court held that the plaintiff’s title was not lawfully obtained because the land was under a court attachment order. The 1st defendant, a bona fide auction purchaser, was declared owner.
The High Court struck out an execution-stage application, holding section 95 CPC was not the proper provision for joinder or attachment orders against non-parties.
Section 95 of the Civil Procedure Code is not the proper provision to move the court for joining non-parties or issuing attachment orders at execution stage; such powers are governed by specific provisions like section 48 of the Civil Procedure Code. The application relying on section 95 is misconceived and must be struck out.
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