1. This is an appeal by an auction-purchaser at a sale conducted by the Official Liquidator of Kothamangalam Rubber Estates Ltd. (in liquidation). With the sanction of the Court winding up the said Company the Official Liquidator, who is respondent. 2 to this appeal, sold the properties of the company at a public auction held on 16-3-1952 and the appellant became the purchaser. The proclamation of sale expressly stated that the sale was being held subject to the confirmation of the Court. When the Official Liquidator's report asking for confirmation came up before the Court there was before it a petition by respondent 1 impeaching the sale on grounds of irregularity and fraud. In his petition respondent 1 alleged that the liquidator wrongfully kept out him and several other persons from participating at the auction by declining to receive deposits from them and that in so doing the Official Liquidator was acting in collusion with the appellant to suit his own ends. According to respondent 1 the Official Liquidator was a partner of the appellant with respect to the purchase effected by the latter. When this petition came up for hearing the appellant raised a preliminary