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State of Odisha - Section

Section 128 in The Orissa Co-operative Societies Rules, 1965

128. Re-sale.

(1)Every re-sale of immovable property in default of payment of the amount mentioned in Rule 126 within the period allowed for such payment shall be made after the issue of fresh proclamation in the manner and for the period herein prescribed for sale.
(2)Any deficiency of price which may happen on re-sale held under Rule 110 or Rule 125 or Rule 128 by reason of purchaser's default and all expenses attending such re-sale shall be certified by the Sale Officer to the Principal Officer of the area and shall, at the instance of either the decree-holder or the defaulter, be recoverable from the defaulting purchaser under the provisions of the rule. The cost if any incidental to such recovery, shall also be borne by the defaulting purchaser.
(3)Where the property may, on the second sale, sell for a higher price than at the first sale, the defaulting purchaser at the first sale shall have no claim to the difference or increase.
(4)The decree-holder is not bound to proceed against the defaulting purchaser and he may recover the amount due by proceeding against the defaulter.