GOPAL KRISHNA DAS vs SAILENDRA NATH BISWAS & ANR.

The Supreme Court held that under Order XXI Rule 71, a judgment debtor can recover deficiency in sale price only if it is attributable to the auction purchaser's default. The Court clarified that the mere occurrence of a resale due to the auction purchaser's default is insufficient; the deficiency must also be linked to that default. The Court found that the second sale's proclamation, which mentioned existing leases affecting marketability, justified the deficiency claim, thus allowing the appeal against the High Court's dismissal of the application for recovery.