Nov.2,1910   Present: Hutchinson. C.J. and Wood Renton J.

SULTAN PACKEER, et al.

248-D. C. Colombo, 28,953.

Action by judgment-debtor to set aside sale on the ground of fraud and material irregularity--Action maintainable-Civil Procedure Code, ss. 282 and 344.

Certain lands were sold in execution of a decree against the plaintiff, who was a judgment-debtor in another action. He brought this action against the purchaser at the sale, the auctioneer and the judgment-creditor alleging that by reason of fraud and collusion between the purchaser and the auctioneer, and by reason also of certain material irregularities in the publishing and conducting of the sale, the lands were sold under their value, and claimed that the sale and conveyance to the first purchaser be set aside and a fresh sale ordered.

Held, that the plaintiff was entitled to have the sale set aside in the present action.

Wood Renton J.-The provisions of section 344 would not justify the dismissal of a separate action brought in contravention of its directions.

Obiter.-According to Burge, while the purchaser at a judicial sale was bound to ascertain that the sale had been made in conf