( 1 ) THIS is an application for setting aside a sale under the provisions of O. 21 R. 89 of the Code of Civil Procedure, 1908. The facts leading to the making of the present application may be briefly noted.

( 2 ) IN or about 1950, the Pioneer Bank Limited (in liquidation) (hereinafter referred to as the Bank) instituted two suits being Suits Nos. 3782 of 1950 and 3553 of 1950 against one Baroda Kanta Das on or about the 9th April, 1951. The two suits were decreed in favour of the Bank against Baroda Kanta Das for a total sum of Rs. 1,23,525/1/ -.

( 3 ) BARODA Kanta Das, the judgment-debtor in the two decrees died intestate on the 14th Dec. 1970.

( 4 ) LONG after the death of Baroda Kanta Das, the Bank started execution proceeding against the heirs of the judgment-debtor for the recovery of Rs. 2,78,000/- inclusive of accrued interest and costs. Bimalendu Das, the applicant herein was described as one of the judgment-debtors in these execution proceedings. The Bank also levied writ of attachment upon the immovable properties left by Baroda Kanta Das in two plots being Plot No. I and Plot No. II. From the Schedule of Properties it appears that these are plots in S