A.B.N.Sinha, J.

1. This appeal by the plaintiff is directed against the judgment and decree passed by the lower appellate Court dismissing his suit for recovery of Rs. 1140.00, representing an initial deposit made under indemnity bond upon an auction sale of certain properties situate within Ranchi Municipality on the 22nd August 1958.

2. The relevant facts are no longer in dispute. Parts of Municipal holding Nos. 586 and 587 of ward No. V of Ranchi Municipality, which had been declared evacuee property in accordance with law and had come to vest in the Custodian of Evacuee Properties, Bihar (defendant No 2), and of which defendant No. 3, the Managing Officer-cum Assistant Custodian, Gaya. was in charge were advertised for sale in accordance with the procedure in that behalf laid down in Chapter XIV of the Displaced Persons (Compensation & Rehabilitation) Rules, 1955 (hereinafter referred to as the Rules). The auction sale was held on the 22nd August, 1958 by the Managing officer-cum-Assistant Custodian, Gaya (defendant No. 3) through an auctioneer, defendant No. 4, and the plaintiff-appellant was declared the highest bidder, his bid being Rs. 11,400/-; and, as permitted by