RAMAKRISHNAN, J. :- This appeal is against the order dismissing an application, E.A. 674 of 1993, filed under Order XXI, Rule 90 read along with Section 151 of the Code of Civil Procedure for setting aside the sale of two items of immovable properties effected on 15-6-1993 in E.P. 652 of 1991 in O.S. No. 666 of 1988 on the file of the Pri. Sub Judge, Ernakulam. Appellant is the second judgment-debtor. Respondent, the South Indian Bank Limited is the decree-holder and auction-purchaser of the properties.

2. The main question arising for consideration is whether the sale in question is liable to be set aside or not which has to be considered in the backdrop of the following facts and circumstances.

3. The suit was filed by the respondent-Bank for realisation of money by the sale of mortgaged properties described in the plaint schedule. Suit was decreed for recovery of an amount of Rs. 90,71,727.23 together with 15% interest from the date of suit and costs amounting to Rs. 10,31,148.00 by the sale of the mortgaged properties and also from the defendants personally. Since the liability was not discharged within the time allowed by the decree, E.P. 652 of 1991 was filed on 12-7-1