K.S. Radhakrishnan, J.

The question that has come up for consideration is as to whether O. XXI, R.90(3) is a bar in considering the question of jurisdiction, though not raised by the judgment debtor in the earlier proceedings.

2. Judgment debtor in O.S. No. 665 of 1991 on the file of the Sub Court, Trivandrum, is the petitioner and appellant herein. CRP is filed against the order in E. A. No. 84 of 1996, and C.M. A. is filed against the order in E. A. No. 67 of 1996. E. A. No. 84 of 1996 was filed for a declaration that the sale conducted on 12.4.1996 is illegal and void. E. A. No. 67 of 1996 is a petition for setting aside the sale.

3. 40 cents of land in Sy. No. 125/4/3/1 with a building thereon, and another three cents of land in Sy. No.129/lA/1-29 and 129/6/1 of Athiyannoor Village with a building thereon belonging to the judgment debtor and his wife were attached on 27.7.1993. Later, the court by order dated 29.3.1995 issued notice to the judgment debtor under O.XXI, R.66 CPC on 3.8.1995. Judgment debtor prayed for time for filing objections. Case was posted to 27.10.1995. Judgment debtor did not file any objection. Case was subsequently posted to 27.11.1995, and the