Section 45 in Bihar and Orissa Public Demands Recovery Act, 1914
45. Suit to recover possession of, or to set aside sale of immovable property, where notice of certificate not served.
- Notwithstanding anything hereinbefore contained, a sale of immovable property in execution of a certificate shall not be held to be void on the ground that the notice required by Section 7 has not been served; but a suit may be brought in a Civil Court to recover possession of such property or to set aside such sale on the ground that such notice has not been served:Provided that no such suit shall be entertained -(a)if instituted more than one year from the date on which possession of the property was delivered to the purchaser; or(b)if the certificate-debtor has made appearance in the certificate proceedings, or has applied to the Certificate Officer under Section 28 to set aside the sale.
