1. The judgment debtors are the civil revision petitioners before this Court, challenging the order in I.A.No.48 of 2001 in E.P.No.1 of 2000, dated 10.08.2005, on the file of the learned Subordinate Judge, Cuddalore.

2. The case of the petitioners/judgment debtors is that one Mr. S. Selvarajan, who is the 2nd respondent herein and the 1st judgment debtor has took a chit amount of Rs.2,10,000/- on 17.08.1996 from the 1st respondent Mayavaram Chits Corporation Limited, Mayiladuthurai. One Mr. V. Ramamoorthy, who is the husband of the deceased/2nd defendant in A.R.No.2 of 1999 on the file of the learned 1st Additional Subordinate Judge, Cuddalore and also the guarantor to the 2nd respondent Mr.S.Selvarajan, has given sureties to the 2nd respondent. Originally the said Mr.V.Ramamoorthy has shifted his residence to the present disputed property situated at Door No.88, Senthamarai Nagar, Manjakuppam, Cuddalore-1, by constructing a single storied building.

3. The further case of the petitioners/judgment debtors is that on 24.09.1996, the 1st petitioner's husband deceased Mr.V.Ramamoorthy, who is the 2nd respondent in the said A.R.No.2 of 1999, he stood as a guarantor and pledged his properties at Door No.88, Senthamarai Nagar, Manjakuppam, Cuddalore. Thereafter, on 03.10.1996, the 1st respondent Mayavaram Chits Corporation Limited fas disbursed the amount to the 2nd respondent Mr.S.Selvarajan.

4. Due to nonpayment of the amount borrowed by the 2nd respondent Mr.S.Selvarajan, the 1st respondent Mayavaram Chits Corporation Limited had filed A.R.No.2 of 1999 on 14.07.1999 before the 1st Additional Subordinate Judge, Cuddalore, stating that the 2nd respondent S.Selvarajan, had paid only a sum of Rs.1,65,725/- and failed to pay the balance amount and hence for recovery of the balance amount, the above petition was filed and the said A.R.No.2 of 1999 was decreed ex-parte as the borrower/2nd petitioner has showed no interest to contest the said case.

5. Thereafter, on 26.10.1999, the 1st respondent Chit Fund had filed the Execution Petition in E.P.No.1 of 2000 for executing the above ex-parte decree in A.R.No.2 of 1999 dated 14.07.1999 and the petitioners property was brought for auction and the 3rd respondent Mr.R.Narayanan, who is the successful auction purchaser and the said property was auctioned for a sum of Rs.1,75,000/-. On 05.02.2001, the petitioners/guarantors got knowledge about the entire proceedings referred above as the auction purchaser came for delivery of the property, which were possession of the petitioners.

6. Immediately, the petitioners were filed E.A.No.48 of 2001 under Section 47 of the C.P.C. for the prayer is as follows:

“(i) declare that the above award is in executable.

(ii) declare that the entire execution proceedings are illegal, null and void and to determine all questions relating to execution.

(iii) award costs of the petition and

(iv) to grant such other reliefs as the Court thinks fit and necessary”

7. In the petition, the petitioners were stated that though the 1st petitioner's husband deceased Mr.V.Ramamoorthy was a guarantor only they were informed the 1st respondent that they were shifted their house from the rented house from the Housing Board Colony to the newly constructed house in the year 1996 itself. At the time of mortgaging the property at Door No.88, Senthamarai Nagar, Manjakuppam, Cuddalore, as a vacant site. But, however, the 1st respondent colluding with the 2nd respondent had fraudulently sent all the summons and service of notice to the petitioners to his earlier address i.e. Housing Board address at Cuddalore. But, no summons were issued by the 1st respondent to the petitioners to the newly address.

8. Admittedly, the 1st respondent Chit Fund has filed the above Execution Petition in E.P.No.1 of 2000 for sale of the petitioners property, which was given as guarantee and the 3rd respondent was the successful bidder in the Court auction and the sale certificate also issued to the 3rd respon