Section 34(3) in Bengal Public Demands Recovery Act, 1913
(3)if he appeals, in accordance with section 51, from an order passed under section 10 from the date of the decision of such appeal, bring a suit in the Civil Court to have the certificate cancelled or modified, and for any further consequential relief to which he may be entitled:Provided that no such suit shall be entertained(a)in any case, if the certificate-debtor has omitted to file, in accordance with section 9, a petition denying liability, or to state in his petition denying liability the ground upon which he claims to have the certificate cancelled or modified, and cannot satisfy the Court that there was good reason for the omission, or(b)in the case of a certificate for a demand mentioned in Article 1 or Article 2 of Schedule I, if the certificate-debtor has not paid the amount due under the certificate to the Certificate Officer(i)within thirty days from the service of the notice required by section 7, or(ii)if he has filed, in accordance with section 9, a petition denying liabilitythen within thirty days from the date of the determination of the petition, or(iii)if he has appealed in accordance with section 51 then within thirty days from the decision of the appeal:Provided also that no sale in execution of a certificate shall be set aside in such a suit unless the purchaser has been made a party to the suit and until a direction is made for the refund of the amount of the purchase-money, with such interest (if any) as the Court may allow not exceeding six and a quarter per centum per annum.
