Raman, J.

This is an appeal against the order of remand in A.S.4/2003 on the file of the District District Court, Kozhikode. The appellants are defendants 1 and 7, who are respondents 1 and 7 in the appeal. The suit was one for partition claimed to be on the basis of title obtained from court sale. A short, difficult, but interesting question arises in this appeal is as to whether an auction purchaser, who purchased the undivided share in an immovable property sold in execution of a money decree whose execution petition for taking delivery dismissed as time barred, is entitled to maintain a separate suit for partition and for separate possession of his share and whether such a suit is barred by Section 47 of the Code of Civil Procedure?

2. The suit property belonged to defendants 1 to 6 and their father one late Madhavan. The said Madhavan was adjudged insolvent on 31.7.1975. His 1/7th share was sold in court auction and knocked down in favour of the 7th defendant. The other six shares remained with Defendants 1 to 6. The 8th defendant filed O.S. 254/1984 before the Sub Court, Kozhikode, for recovery of money from the first defendant. That suit was decreed and execution p