( 1 ) THE connected misc. appeals are directed from the judgment and Order No. 261, dated 12. 9. 91 passed by the Chief Judge, City Civil Court, Calcutta in Misc. Case No. 59 of 72 arising out of a petition under order 21, Rule 90, read with section 151 of the Code of Civil Procedure filed by the judgment debtor Bhudhar Chandra Banerjee in Money Execution Case No. 17 of 71 and subsequently it was proceeded with by his legal heirs and representatives on his demise. The petitioner in the connected petition before the trial Court has prayed for setting aside the auction sale of the premises in question in execution of the said decree passed in Money suit No. 7 of 66 in Money Execution Case No. 17 of 71 initiated by the decree holder thereof.

( 2 ) IT is necessary to give a brief backgound of the narration of entire facts giving rise to the instant proceeding. As early as on 3. 1. 66 one J. L. Bothra, the respondent No. 7, instituted Money suit No. 7 of 66 against Bhudhar Chandra Banerjee for recovery of money lent on account of advance together with an interest calculated about Rs. 4,000/ -. The said decree was passed on 20. 9. 68 and as a follow up to the same Money