This is an appeal against the order of the Subordinate Judge of Tuticorin in C.M.A. No. 8 of 1945 allowing the appeal against the order of the District Munsiff of Koilpatti in E.A. No. 233 of 1944 in O.S. No. 186 of 1939. The appellant is the second defendant, first defendant being the father. In execution of a mortgage decree in O.S. No. 186 of 1939 the properties of defendants 1 and 2 were brought for sale. Sale was held on the 15th September, 1943, the first respondent here being the auction purchaser. The sale was confirmed on the 18th October, 1943. On the 24th February, 1944, the appellant filed an application under section 47 and Order 21, rule 90 of the Civil Procedure Code for setting aside the sale held on the 15th September, 1943. The grounds which he urged for setting aside the sale were (1) that there was no service of notice on him at any stage of the execution, (2) that there was no publication of the sale proclamation in the village as required by Order 21, rule 67 of the Code of Civil Procedure, and (3) that the properties were grossly under-valued by the decree-holder by suppression of material facts and fraudulent representations and that she managed to g