This appeal is directed against the order passed in E. A. No.223/84 in E. P. No.17 of 1989 in O.S. No.19/68 on the file of the First Additional Sub-Judge, Pondicherry.

2. The facts which are necessary for the disposal of this appeal can be briefly stated as follows:-

The appellants herein filed the application E.A. No.223 of 1984 under O.21, R. 90, Code of Civil Procedure, praying for setting aside the auction sale held on I6-2-84 by the advocate-commissioner. The first respondent filed E.P. No.17 of 1980 for appointment of a commissioner for sale of the properties in pursuance of the decree passed in O.S. No.19 of 1968 in which the suit properties were directed to be sold in Court auction and the sale proceeds be divided between the parties. Accordingly a commissioner was appointed for the purpose of holding public action. The Commissioner by his notice fixed the date of auction-sale as 16-2-84 and effected publication in "Daily Thanthi", Cuddalore and in "New Times Observer", Pondicherry. Accordingly the auction was held on 16-2-84 in the Central Nazir Office, District Court, Pondicherry. The Commissioner filed two reports, one interim report on 20-2-84 and another fina