[Repealed.]
Section 66 of the Code of Civil Procedure, 1908 deals with [Repealed.]. [Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.]--Rep. The Act came into force on 01 Jan 1909.
[Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.]--Rep. by Act, 1988 (45 of 1988) , s. 7 (w.e.f. 19-5-1988).
Section 66, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Puthanpurayil Venkapalan Sankara Kurup vs Leelavathy Nambiar
Court's Decision & Legal Precedent
When an agent is employed to purchase property on behalf of a principal and purchases the property in the agent's own name using the principal's funds, the agent holds the property as a trustee in fiduciary capacity for the benefit of the principal. The agent's fiduciary duty to protect the principal's interests is not overridden by procedural restrictions under Section 66(1) CPC or benami transaction prohibitions under the 1988 Act. Therefore, the principal is entitled to a declaration of title and recovery of possession despite the property being nominally registered in the agent's name. The exception under Section 66(2) CPC allowing declaration where the purchaser's name was fraudulently inserted without the real purchaser's consent applies to such situations. An agent who acts fraudulently and abuses judicial process by misusing power of attorney to register property in their name is liable for exemplary costs.
On this section: Section 66(1) (now deleted) prohibited maintainability of suit against court auction purchaser claiming purchase was made on behalf of plaintiff; Court held Section 66(2) creates exception allowing declaration that purchaser's name was inserted fraudulently or without consent of real purchaser. Court applied this exception to allow respondent's suit for declaration despite Section 66(1) bar.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 66
What have the courts held on Section 66 of the Code of Civil Procedure?
Puthanpurayil Venkapalan Sankara Kurup vs Leelavathy Nambiar (16 Aug 1994) is the leading judgment on this section among those set out below: Section 66(1) (now deleted) prohibited maintainability of suit against court auction purchaser claiming purchase was made on behalf of plaintiff; Court held Section 66(2) creates exception allowing declaration that purchaser's name was inserted fraudulently or without consent of real purchaser. Court applied this exception to allow respondent's suit for declaration despite Section 66(1) bar.
How do I find court cases under Section 66 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 66, section 66 CPC, section 66 of the Code of Civil Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Puthanpurayil Venkapalan Sankara Kurup vs Leelavathy Nambiar (16 Aug 1994).
When did Section 66 of the Code of Civil Procedure come into force?
Section 66 of the Code of Civil Procedure, cited as CPC 66, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.