( 1 ) THIS appeal arises from an order passed by the Senior Civil Judge, kowur dated 20-4-2000 in EA No. 1020/99 in EP No. 46/98 in OS No. 192/87 dismissing the application filed under Order 21 Rule 90 read with Section 151 CPC by the 6th judgment-debtor.

( 2 ) THE appellant herein is the petitioner-6th judgment-debtor in the above application.

( 3 ) EA No. 1020/99 was filed by the 6th judgment-debtor seeking to set-aside the auction sale conducted on 17-11-1999 in EP no. 46/98, filed for execution of the decree passed in OS No. 192/87. The first respondent-decree-holder/bank filed EP for due recovery of the decretal amount by sale of mortgaged property, in which, the appellant-6th judgment-debtor was served with a notice. He filed a counter raising certain objections that the Court Amin under-valued the property, which has been overruled and posted EP for settlement of terms. The terms were settled on 22-9-1999 fixing the date for sale on 17-11-1999. The proclamation, containing the terms of settlement, was drawn on 22-9-1999 that the order proclaiming sale shall be made by way of beat of torn torn and also shall be affixed near the place where the property was ordered to be sold

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