ROSENBERG v. SILVA.

D. C, Colombo, 19,324.

Hypothecary action-Mortgage decree-Writ of execution against property mortgaged-Fiscal's seizure and sale without advertising in the " Ceylon Government Gazette "-Competency of execution-creditor to waive such publication-Civil Procedure Code, ss. 256 and 282-Meaning of " costs and charges " in s. 256-Material irregularity.

In a hypothecary action where a writ of execution against property had been issued and the Fiscal seized and sold such property without advertising the proposed sale in the Government Gazette because he valued the property at Rs. 850,-

Held, that as the property was really worth over Rs. 1,000, it should have been advertised in terms of section 256 of the Civil Procedure Code, and that the non-advertisement was a material irregularity, which being, obnoxious to section 282 of the Civil Procedure Code, nullified the sale.

Where, further, it was contended that, though under section 282 of the Civil Procedure Code a petition could be presented to the District Court praying for a nullification of the sale owing to a material irregularity in the conducting or publishing of the sal