Judgment :- Challenge is made to an order of the learned Subordinate Judge, Tiruppur in rejecting the application at the stage when it remained unnumbered in CFR. No. 6662 of 2007 filed by the petitioners herein in E.P.No.18 of 2005 whereby execution of the decree in OS.No. 111 of 1999 was sought for by the decree holder. 2. The Court heard the learned senior counsel for the petitioner. 3. The suit was filed for return of advance money paid for the purchase of property. While that being so, a charge was created on the said property by the court in respect of that amount. Having obtained that part of the decree, the decree holder put in execution in EP.No.18 of 2005 wherein he brought the property for sale for the realisation of the decree amount. The auction was conducted on 1. 2007 and at that stage, stamp papers were called for pending confirmation. At that juncture, the instant application was filed alleging that after passing of the decree, the petitioners have purchased the same property for valuable consideration without notice and thus though charges have been created, they are willing to make the payment of the entire decree amount. Hence, the sale has got to be set aside. For this an application has been preferred by the petitioners and that application was rejected at the initial stage itself, without being numbered. The only contention of the learned senior counsel appearing for the petitioners is that the lower court should have numbered the application, made an enquiry and take a decision since application under Section 47 of the Civil Procedure Code can be filed not only by the parties between the suit, but also filed by the representative of the party to the proceedings. In the instant case, the petitioners have purchased the property. After that charges have been created over the property. However, so far as the charges were concerned, it is under the position of simple mortgage. Under the circumstances the petitioners sought for a payment of decree amount by way of encumbrance and to set aside the sale. For that purpose, the application should have been numbered and an enquiry should have been made on the said application. 4. However, so far as the charges were concerned, it is under the position of simple mortgage. Under the circumstances the petitioners sought for a payment of decree amount by way of encumbrance and to set aside the sale. For that purpose, the application should have been numbered and an enquiry should have been made on the said application. 4. After careful consideration of the submission of the learned senior counsel for the petitioners, the Court is of the considered opinion that it is a fit and proper that a direction be issued to the lower court to number the said application and to make an enquiry, by calling the petitioners as representative of the judgment debtor as envisaged under Section 47 of the CPC. The parties should be given an opportunity before taking a decision by the lower court by making an enquiry in the matter. Accordingly, the lower court is directed to number the application, and enquire into the matter in accordance with law. There is no impediment for the both the parties to put forth all other contentions which are available in law. 5. With the above observation, the Civil Revision Petition is disposed of. No costs. Consequently, connected MP is closed.