A. V. KRISHNA RAO, J.

( 1 ) THIS appeal is against an unnumbered E. A. of 1972 in E. P. No. 8 of 1970 in o. S. No. 63 of 1968 on the file of the Court of the 1st Additional District judge, East Godavari, at Rajamundry. The judgment-debtors are the appellants and the decree-holder is the respondent.

( 2 ) THE judgment-debtors filed an application under Order 21. Rule 90, Civil P. C. In the said petition, they prayed that the Court might be pleased to set aside the sale held on 2-2-1972. The application was filed on 2-3-1972, within 30 days from the date of the sale. In the affidavit filed on behalf of the judgment-debtors by the 3rd judgment-debtor in support of this application it was alleged that the decree-holder had brought the property to sale subject to a mortgage in favour of Konavaran Co-operative Land Mortgage Bank and that the property was sold for Rs. 4,200. 00 subject to the mortgage. It was averred that the mortgage was cleared a long time back (no date was given) and the decree-holder was aware of the same. In suppressing the fact that the mortgage was not subsisting the decree-holder has played fraud on the Court with a view to make wrongful gain to himself. The proper

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