Section 42: Loss caused by re-sale due to default by purchaser at first sale

(1) Any deficiency of price, which may happen on are-sale held, under clause (k) of sub-rule (1) of Rule 36 or clause (h) and (k) of sub-rule (2) of Rule 38, by reason of the purchaser’s default, and all expenses attending such re-sale shall be certified by the Sale Officer to the Recovery Officer and shall, at the instance of either the decree-holder or the judgment-debtor be recoverable from the defaulting purchaser. The costs, if any, incidental to such recovery shall also be borne by the defaulting purchaser.

(2) Where the property is on second sale, sold for a higher price than the first sale, the defaulting purchaser at the first sale shall have no claim to the difference or increase.