1. The decree holder auction purchaser, is the petitioner. He had obtained a money decree against the 1st defendant. After the death of the 1st defendant his legal representatives were impleaded in execution as additional defendants 2 to 6 of whom the 2nd defendant was the widow and defendants 3 to 6 the children. Defendants 3 to 6 were minors and an order appointing the 2nd defendant as guardian ad litem had been secured. In execution of the decree certain properties of the 1st defendant were sold in court auction on 5.11.1117 i.e. long after the death of the 1st defendant. On 1.10.1118, the 2nd defendant on her behalf and on behalf of her minor sons, defendants 3 to 6, filed a petition to set aside the sale on the ground mainly of fraud. The section of the C.P.C. quoted in the petition was incorrect, but the relief

prayed for showed what the real object of the petition was. The execution court dismissed the petition while the lower appellate court allowed the same and set aside the sale. But the judge passed a conditional order as the defendant's advocate had agreed to deposit the auction amount & c, within a specified period. It was directed that if these amounts wer