The judgment-debtor in execution of a money decree is the revision petitioner. The revision is against the judgment of the Sub Court, Ernakulam in C.M.A.24/90 confirming the order of the executing court on an application under O.XXI R.90 of the Code of Civil Procedure (hereinafter referred to as 'the Code'). The petitioner filed the said application seeking to set aside the sale conducted on 4-7-1984 on the ground of material irregularity and fraud in publishing and conducting the sale and on inadequate sale price. The first respondent is the decree-holder and the second respondent is the auction-purchaser. The Munsiffs Court after conducting inquiry into the aforesaid grounds dismissed the application. In appeal, while confirming the said order, the learned Subordinate Judge agreed with all findings of the Munsiffs Court.

2. The main question to be decided in this revision is whether the application under R.90 of O.XXI of the Code on the ground of inadequate sale value is barred in view of the provisions contained in sub-rule (3) thereof. R.90 of O.XXI reads thus:

90. Application to set aside sale on ground of irregularity or fraud-

(1) Where any immovable property has be