Section 10 in The Bengal Public Demands Recovery Act, 1913
10. Hearing and determining of such petition.
- The Certificate Officer in whose office the original certificate is filed shall hear the petition, take evidence (if necessary) and determine whether the certificate debtor is liable for the whole or any part of the amount for which the certificate was signed; and may set aside, modify or vary the certificate accordingly :Provided that if the Certificate Officer, is not the Collector and considers that the petition involves a bona fide, claim of right to property he shall refer the petition to the Collector for orders; and the Collector if he satisfied that a bona fide claim of right of property is involved, shall make an order cancelling the certificate.
