S.M. Abdul Wahab, J.

1. This Letters Patent Appeal has been preferred by the auction purchaser against the order dated 11. 1994 by a single Judge of this court in C.M.A. No. 769 of 1993.

2. A third Party, namely the first respondent in the Letters Patent Appeal, filed E.A. No. 487 of 1992 in E.P. No. 91 of 1990 on the file of the Principal Subordinate Judge, Tirunelveli, for setting aside the auction in favour of the appellant under Order 21, Rule 89 and under Section 151 of Civil Procedure Code.

3. The case of the first respondent third party is that on 310. 1988 a preliminary decree was passed for partition. The persons to whom the properties, including the auction property was allotted, of fered to sell to him for a total sum of Rs.3 lakhs. The agreement was entered into on 6. 1990. He paid Rs. 5,000 on that day and another sum of Rs.60,000 on 17. 1990. According to him, the third item, which was sold in auction to the appellant, alone would fetch Rs.2,25,000. But in another suit O.S. No. 40 of 1982 for recovery of Rs.30,392, a preliminary decree was passed and subsequently final decree also was passed on 21. 1990. The decree-holders in the said suit, brought th