Walter Salis Schwabe, K.C., C.J.

1. This is an appeal from an order of Kumaraswami Sastri, J., refusing to confirm a sale made at Court auction. He has refused to confirm the sale on the ground that all the facts were not placed before him when the reserve price was fixed and when the plaintiff obtained leave to bid. There is a misapprehension on the part of the learned Judge in that the application for leave to bid was to him, but the application to fix the reserve price was to the Registrar and not to him. I do not think it is enough to say, in order to refuse to confirm a sale, that all the facts were not put before the Court on the two occasions referred to. But, in my judgment, the Court has an inherent power that the Court has been misled either in giving leave to bid or in fixing the reserve price. This is only an instance of the inherent power possessed by all Courts to prevent an abuse of the process of the Court, but, of course, the Court will not use that inherent power unless it has had all the facts fully before it and is satisfied that it has been misled. I think the principle is that, in order to show that the Court has been misled, it is necessary to show eit