K. Narayana Kurup, J.

The second judgment debtor in E.P. 154 of 1990 in O.S.348 of 1987 on the file of the principal Sub Judge, Kottayam is the appellant. He is the petitioner in E. A. 290 of 1993 in E.P. 154 of 1990, an application filed under O. XXI, R.90 CPC to set aside the sale of his property on the ground of fraud and material irregularity. Respondents 1 and 2 are the decree holder and auction purchaser respectively.

2.0. S.348 of 1987 was instituted by the Catholic Syrian Bank for recovery of an amount of Rs. 3 lakhs with interest, an amount which was availed as loan by the first defendant firm of which defendants 2 to 6 in the original suit are the partners and the 7th defendant the mother of the appellant as the guarantor. The title deed of the immovable properties of the appellant-second defendant was given as collateral security for the loan. The 7th defendant i s the mother of the appellant as already noted. In the said suit defendants 2 to 6 filed a joined vakalath and the 7th defendant filed a separate vakalath. In the original suit though a written statement was filed on behalf of the 2nd defendant, it was later withdrawn as Insolvency Proceedings was inst