JUDGMENT

Raman, J, This is an appeal filed by one of the creditors of third respondent at the execution stage. Third respondent herein, against whom there is a mortgage decree obtained by the second respondent Federal Bank. On execution of the decree, property of the third respondent was sold and purchased by the first respondent. Sale certificate was also issued. The appellant herein filed a claim petition under Order 21 Rule 90 of the Code of Civil Procedure. He also filed an application under Order 21 Rule 58. It is found that there is no material irregularity or fraud and dismissed the application filed under Order 21 Rule 90. The application filed under Order 21 Rule 58 was also dismissed finding that he has no claim. Hence this appeal is filed.

2. It is contended that the appellant had filed an Ex.F.A.103/2009. 2 insolvency petition before the Sub Court, Trichur for declaring the third respondent herein as an insolvent, wherein the present debt of the Bank is also included, and according to him the Bank having thus opted to come within the insolvency proceedings for ratable distribution of the assets of the third respondent, the Bank ought to have disclosed the same at the time