This Rule was obtained by the judgment-debtor against an order of summary dis­missal of his application under O. 21, R. 90, C.P.O. The sale was held on 29-5-54 when the decree-holder purchased the property for a sum of Rs. 300/- only. The land measured about five bighas. On 26-6-54, the judgment-debtor made an applica­tion, purporting to be one under p. 21, R. 90, C.P.C., stating therein that the price given in the sale proclamation had been too low and the price at which the property was sold was still lower. The learned Munsiff dismissed the petition forthwith with the words "This cannot be enter­tained. Petition rejected." The sale was confirmed on 30-6-54. On appeal, the learned Subordinate Judge considered whether the application was one under O. 21, R. 89, O.P.C. and he found that the decretal amount not being deposited as contem­plated under O 21, R. 89, C.P.C., the application was not in order, and he thought that no objec­tion coming under O. 21, R. 90, C.P.C., was in­corporated in the petition. (2) Reading the application as I do, it had sufficient materials for consideration under O. 21, R. 90, C.P.C., inasmuch as the judgment-debtor stated therein that the property would be worth, at least Rs. 2.000/- and that he had suffered con­siderable loss as a result of the sale of the land for too inadequate a price. He further prayed therein for re-sale of the property, and it further contained an offer of putting in the entire de­cretal amount It appears to me that the judg­ment-debtor was under some confusion as to what he should have actually done, and his depo­siting the decretal amount would have surely saved him from much trouble, but that cannot in any way debar his rights, if any, under O. 21, R. 90, C.P.C., and the decision reported in Maruda-nayagam Pillai v. Manickavasakam Chettiar, AIR 1945 PC 67 (A), definitely says that "where the low valuation of the property to be sold in the sale proclamation was based on a misstatement by the decree-holder......and the sale took place at a serious under value on account of the failure on the part of the Court and the decree-holder to carry out their obligations under R. 66 to ascertain the true value of the property ...... the judgment-debtor must be taken to have sustained substantial injury thereby". the judgment-debtor must be taken to have sustained substantial injury thereby". In the opinion of their Lordships, the case under those circumstances, falls within the language of R. 90, and the sale should be set aside if the judgment-debtor, however dilatory and un­satisfactory his conduct may have been, has not otherwise debarred himself of the right to have the sale set aside (3) There is also the principle of waiver to be considered. Their Lordships had opined that "if the decree-holder knew the true value of the property but deliberately under-valued it in the sale-proclamation and himself purchased the pro­perty at what he knew was too low a figure based on an upset price accepted by the Court owing to his own initial misrepresentation and subse­quent suppression of material facts, his conduct would amount to fraud on the Court, and he would not be allowed to take advantage of his own fraud whatever the conduct of the judgment-debtor might have been". (4) In the present case, the case of the judg­ment-debtor might not be equally strong, but even then his objections ought to have been considered fty the learned Munsiff when the application for setting aside the sale was filed on 26-6-54. The learned Subordinate Judge had completely failed to exercise his jurisdiction in the matter since he endorsed the order of rejection of the appli­cation on very unsound grounds. I accordingly direct that the matter should go down to the Court of the Munsiff for an enquiry on the appli­cation for setting aside the sale, on taking evi­dence from the parties if they want to adduce any. The validity or otherwise of the sale would depend on the finding arrived at by the Court as to the merit of this application. (5) The Rule is made absolute. I make no order as to costs. S.L.L. Rule made absolute.