Section 42(3) in The Orissa Public Demands Recovery Act, 1962
(3)if he has filed an appeal under Section 60 from an order passed under Section 9 from the date of the decision of such appeal, bring a suit in a Civil Court to have the certificate cancelled, or modified, and for any further consequential relief to which he may entitled :Provided that no such suit shall be entertained -(a)where the relief prayed for is merely on any one or more of the grounds specified in Section 8 if the certificate-debtor has omitted to file, in accordance with the said section a petition denying liability and cannot satisfy the Court that there was good reason for the omission ; or(b)if the certificate-debtor has not paid all amounts due under the certificate to the Certificate Officer, whether or not, under protest made in writing at the time of payment :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, the Court may allow.
