( 1 ) THIS is an application under Section 115 of the Code of Civil Procedure against a judgment and order passed by the appellate court dismissing an application for setting aside a sale and reversing the order of the second court of Munsif at Alipore in Execution Case No. 189 of 1956.

( 2 ) THIS application is by the judgment-debtor. The sale in question was held on 12th October, 1955 and the petition for setting aside the sale under Section 174 of the Bengal Tenancy Act was filed on 2nd January, 1959. The petitioners' case was that they had no knowledge of the sale till December, 1958 when the decree-holder came to take possession of the property by force. The case was that all processes were suppressed; that there was fraudulent suppression of all proceedings relating to the publication and conduct of the sale and, further, that the judgment-debtor was kept out of his knowledge of the remedy available to him for having the sale set aside, in other words, the petitioner requisitioned Section 18 of the Indian Limitation Act to avoid the bar of limitation The trial court set aside the sale with respect to one-third share of the judgment-debtor-petitioner. The t