Judgement

JUDGMENT :- The appellant herein is the judgment-debtor. The plaintiff-respondent No. 1 is the decree holder. A suit on the basis of a mortgage was decreed by the trial Court. The decree holder put the decree in execution. In the execution proceeding the property in dispute was sought to be sold through an auction. Respondent Nos. 2 to 7 are auction purchasers of the house sold in the said execution proceedings. Under such circumstances, the judgment-debtor and respondent No. 8 filed objections under Order 21 Rule 90, C.P.C. for setting aside the auction sale on the ground that there was material irregularity and fraud in conducting the auction sale. The said objections were rejected by the Executing Court on the ground that the judgment-debtor had not furnished adequate materials to substantiate the allegations of material irregularity and fraud. The matter was taken to the High Court by way of an appeal which was also dismissed. It is in this way the appellant has come to this Court.

2. Learned counsel appearing for the appellant contended that since there was material irregularity and fraud in conducting the auction sale of the property in dispute, it was incumbent upon