K.T. Sankaran, J.

1. The question involved in these Revisions is whether the court auction sale of the property belonging to two persons held in execution of a money decree could be set aside by invoking Section 47 of the Code of Civil Procedure, at the instance of the legal representatives of one of them, who died even before filing the Execution Petition and whose legal representatives were not made parties to the Execution Petition.

2. The parties are referred to as per their rank in C.R.P. No. 346 of 2004. The third respondent partnership firm, of which respondents 4 to 7 are partners, availed a loan from the second respondent, the State Bank of Travancore. The suit filed by the bank for realization of the amount was decreed on 3.9.1986. For realization of the decree amount, Bank filed E.P.No.375 of 1994. In that Execution Petition, the property jointly owned by judgment debtors 6 and 7, and which was mortgaged in favour of the bank, was sought to be sold. The sale was to be held on 19.1.1998. No bidders participated in the auction. The executing court dismissed the Execution Petition for default on the same date.

3. On 4.6.1998, the Bank filed E.P.No.123 of 1998. On that dat