affidavit when the parties have entered into a litigation. In Mohinder Singh Gill & Anr. v. Chief Election Commissioner and Ors.4 it has been clearly laid down that the parties are not permitted to raise new pleas not contained in the order impugned while assailing the correctness or the validity of such an order. In view of the law so laid down, the appellant- Bank was certainly not entitled to raise the plea of default under Rule 9(4) of the Rules through the counter affidavit. 13. Notwithstanding the above, the provisions of sub-Rules (4) and (5) of Rule 9 of the Rules, if read together in conjunction, would reveal that it is only for the default in payment of the 4 (1978) 1 SCC 405 9balance auction amount within the period mentioned that the property could be resold and that the period of 15 days stipulated therein for the deposit of the balance sale amount may be extended, as may be agreed upon in writing. It means that first there has to be a default on part of the auction