- (1.) The trial Court has rightly relied upon the decision of the Supreme Court in the case of Gopal krishnadas v. Sailendranath Biswas and Another, reported at AIR 1975 SC 1290, wherein the relevant criterion for the application of Order 21, Rule 71 of C.P.C. has been indentified to be a deficiency of price which arises by reason of the purchaser's default. The trial court has also noted the distinction between a re-sale that may have to be held on account of the default by the auction purchaser or on account of other factors, which may not be attributable to his default. Since on the facts of the case there has been no default, the auction purchaser is not accountable for the deficiency in price. (Para 3) Application dismissed.;