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CONVEYANCING ACT 1919 - SECT 173
Orders of court conclusive
(1) An order of the Supreme Court made or purporting to be made under any
statutory or other jurisdiction shall not, as against a purchaser, be
invalidated on the ground of want of jurisdiction, or want of any party
concurrence, consent, notice, or service, whether the purchaser has notice of
any such want or not.
Provided that-- (a) an order made or purporting to be made in pursuance of the
Settled Estates Act 1886 , or Part 4 of the Conveyancing and Law of Property
Act 1898 , shall not by this section be validated as against any estate or
interest claimed otherwise than under or through the settlement in relation to
which the order was made, and
(b) an order made in proceedings for partition
shall not by this section be validated as against any estate or interest which
is not an undivided share or an estate or interest in an undivided share of
the entire estate or interest which the order purports to affect, and
(c) an
order made in proceedings for foreclosure or otherwise at the suit of a
mortgagee or chargee as such shall not by this section be validated as against
any estate or interest not claimed under or through the person by whose act or
default the mortgage or charge in relation to which the order was made was
created, or as against any estate or interest having priority to such mortgage
or charge, and
(d) an order in any other case shall not by this section be
validated against a person not a party to, and not apart from this section,
otherwise bound by the proceedings in which the order was made, if the effect
of the order or of anything done in pursuance of the order or the combined
effect of the order and anything done in pursuance of the order, but for this
proviso, would be to deprive such person of an estate or interest and prevent
such person from receiving the whole or any part of the proceeds of any
transaction carried out in pursuance of the order, and
(e) in any case an
order to the extent to which it expressly excludes any person from its
operation shall not by this section be validated against that person.
(1A) In
subsection (1),
"charge" means a charge imposed on land under section 88F.
(2) This section
shall have effect with respect to any lease, sale, or other act under the
authority of such Court and purporting to be in pursuance of the Settled
Estates Act 1886 , or Part 4 of the Conveyancing and Law of Property Act 1898
, notwithstanding any exceptions in either of those Acts.
(3) This section
applies to all orders made before or after the commencement of this Act except
any order which has, before the commencement of this Act, been set aside or
determined to be invalid on any ground, and except any order as regards which
any action, suit, or other proceeding is, at the commencement of this Act,
pending for having it set aside or determined to be invalid.
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