JUDGMENT

R.F. Rampini, C.J., and Ryves, J. - This appeal arises out of an order of the Additional District Judge of Alipore setting aside a sale in execution of a decree under the provisions of Sections 244 and 311 of the Civil Procedure Code. The judgment-debtor in his application stated that there had been no attachment of the property sold, that the decree-holder fraudulently and dishonestly caused the suppression of the service of the sale-proclamation on the property sold and that no sale-proclamation was ever served on the property and that the decree; holder, who was the auction-purchaser, with fraudulent intention, under-estimated the value of the property and purposely abstained, with a view to cause wrongful loss to the petitioner and wrongful gain to himself, from mentioning the share of the petitioner in the property sold. These are the only allegations of fraud. The petitioner, however, went on to say that "On account of non-publication of the sale, there were no bona fide bidders at all and although your petitioner's co-sharer Mrs. Evennett was present on the first day of the sale, and she and the decree-holder bid against each other on the second day she desisted from