JUDGMENT :- This was first filed as an appeal (C. M. S. A. No. 65 of 1966) by one Munikrishna Reddy, but, on the objection of Sri K. S. Champakesa Iyengar, the learned Counsel for the respondents, that an appeal did not lie, an application (C. M. P. No. 3595 of 1968) was filed to convert this appeal into a civil revision petition, and, in the interests of justice, I have decided to convert this appeal into a civil revision petition. (C. R. P. 612 of 1968) I shall, therefore, refer to Munikrishna Reddy as the petitioner.

2. He was the second defendant in O. S. No. 580 of 1962 on the file of the District Munsif of Vellore. It was a mortgage suit. A final decree for sale was passed in 1964, and the decree-holder, Ramaswamy Reddy, filed E. P. No. 513 of 1964 and brought the several items of the hypotheca to sale on 15-2-1965. One Sadasiva Reddy became the auction purchaser of some of these items for Rs. 3,765/-. Within thirty days Munikrishna Reddy, the petitioner, filed an application under Order 21 Rule 90 C. P. C., E. A. No. 352 of 1965, for setting aside the sale on several grounds, such as, (i) no notice was taken, to him under Order 21 Rule 66 and he was not even aware of