Mool Chand Garg, J.

This is an appeal by a mortgagor, who, in a suit for sale by the mortgagee, suffered a fraudulent ex-parte decree (since set aside). The appeal is resisted by the auction-purchasers, who are Respondents No. 2 & 3 before this Court.

2. The final decree for sale was passed ex-parte on 2.05.1980 and the court auction sale is said to have been held on 30.05.1980, i.e., within a period of 28 days. From 30.05.1980, we have, per force, to go back by 15 days because Rule 68 of Order 21 CPC requires a period of at least 15 days after publication. This brings us to 15.05.1980. The auction-purchasers, without any proof of service of notice on the record, want the Court to believe that the whole process of filing the execution; serving the notice for settling the sale proclamation on the judgment-debtor who was admittedly in Madras; actually settled the sale proclamation; and then publishing its notice, was carried out just in a period of only 13 days between 2.05.1980 and 14.05.1980.

3. The background facts are, that on the basis of a simple mortgage of property No. J-3/39 Rajouri Garden, New Delhi, Suit No. 183/75 for sale was instituted on 21.07.1975 by the first