JUDGMENT

Mitter, J. - This is an appeal by the Midnapur Zamindari Co., Ltd., who are the decree-holders is a certain suit for rent. The appeal arises out of proceedings taken u/s 174, Ben. Ten. Act, to sat aside the sale held in execution of a rent decree obtained by the Midnapur Zamindari Co., Ltd. The respondents, who are judgment-debtors 1 to 3, challenged the sale on three grounds: (1) that there was no service of sale proclamation or any process in the execution case, (2) that the judgment-debtors 2 and 3 were not properly represented in the execution case and (3) that there ware great irregularities in the publication and conduct of the sale.

2. The case of the judgment-debtors was that the processes in execution were fraudulently suppressed by the officers of the decree-holders, and that they came to know of the sale some time in Bhadra or Ashwin, which would correspond to September, and the application to set aside the sale-was made on 12th November. The decree-holders contested the application of the judgment-debtors. They travarsed all the allegations about non-service of sale proclamation and denied that there had been irregularities in the publication of the sale proclama