JUDGEMENT:- The defendants are the appellants. The suit was filed by the plaintiff-respondent for the recovery of a sum of Rs. 3,339. The facts leading to the filing of the suit are as follows:-

The defendants as decree-holders brought certain properties of one Dhanalakshmi Ammal, wife of Govindachari and others, who were the judgement-debtors, to sale in E.P.172 of 1972 on the file of the learned Additional Subordinate Judge, Pondicherry. The plaintiff was the successful auction purchaser and on 1-11-1973, the date of auction, he deposited one-fourth of the sale proceeds of Rs. 35,100. He had also remitted the balance of consideration and also non-judicial stamp papers for the issue of a sale certificate. Before the sale could be confirmed, the judgementdebtors filed E.A. No.492 of 1973, under O. 21, R.90, C.P.C. to set aside the sale on the ground of material irregularities and fraud, in publishing the proclamation of sale and in the conduct of the sale. By an order dated 3-8-1974, the learned Additonal Subordinate Judge, Pondicherry, held that there was no mention of the place of auction sale in the proclamation, that though there was no encumbrance on the property, a di