JUDGMENT

RAY J. :— We have heard the arguments advanced on behalf of the appellant and after considering the facts and circumstances of the case we have dismissed the appeal by our order dated 20-8-1986. The reasons for the dismissal of the appeal are stated herein below. This appeal on special leave arises out of the judgment and order dated 25th October, 1976 in Letters Patent Appeal No. 3 of 1976. The judgment-debtor made an application for setting aside the sale held on 17-4-1972 under Order 21, Rule 90 of the Code of Civil Procedure alleging, inter alia, that there was no proper sale proclamation drawn up as it was stated therein that the sale of the attached property will be subject to decree in O.S, No. 282/68, that the valuation put on the sale proclamation was low, that is, Rs. 15,000/-for each lot and the judgment-debtors valuation of the property of Rs. 1,40,000/-was not put in and for this material irregularity the property was sold at a low price of Rs. 24,000/-. It was further alleged that the decretal amount for which the attached property was put to sale was about Rs. 7,660/-and costs Rs. 846.75 paise and one fourth portion of the property would have been sufficient