JUDGMENT:- This is plaintiffs appeal against the judgment and decree dated 16-579 passed by the learned Assistant District Judge No. 1, Gauhati, whereby the defendant respondents Appeal No. 7 of 1978 against the judgment and decree dated 8-2-78 passed by the learned Sadar Munsiff, Gauhati was allowed, and the plaintiff appellants suit was dismissed.

2. The plaintiff had filed suit challenging the auction-sale of her 2 B.10 L. of land in Execution Case No. 41 of 1966 allegedly for Rs. 255/- on 27-9-67, on grounds of fraud and in disregard of the provisions of R. 85 of O. 21 of the Code of Civil Procedure, hereafter the Code.

3. Briefly, the undisputed facts are that the present respondent had obtained decree against the present appellants in Title Suit No. 228/ 61 with costs, which was assessed at Rs. 199/-. The present appellants appeal was dismissed. The present respondent filed Title Execution No. 41/66 for realisation of the cost decretal money. The appellants land -2 B. 10 L. was sold in auction on 27-9-67. The appellant filed application under O. 21, R. 90 of the Code, being Misc. (J) Case No. 154/67 challenging the said sale. During the pendency of the said Misc. Case,