1. The judgment-debtor in O.S. No. 26 of 1953 filed C.M.P. No. 3465 of 1960 for setting aside the Court sale under 0.21 R.90 of the Code of Civil Procedure on the ground of irregularity and fraud in the publication and conduct of the sale and resultant substantial injury by reason of such irregularity and fraud. The lower court dismissed the application and hence this Civil Miscellaneous Appeal by the judgment-debtor.

2. For setting aside the court sale either fraud or material irregularity or both either in the publication or conduct or both of the sale and substantial injury by reason of such irregularity or fraud have both to be established. In this case the property having an extent of 90 cents situated about three furlongs east to the Mahatma Gandhi College in Trivandrum was sold for Rs. 5,505-91 nP. on 30th July 1960. In the proceeding for setting aside the court sale a Commissioner was appointed, who has been examined as Dw. 2. He has filed Exts. D1 to D3, being sale deeds of neighbouring properties, and on the basis of the prices paid under those documents, he has fixed the price of the property in dispute at Rs. 170/- per cent, whereas the price fetched at the c