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State of Bihar - Section

Section 42 in Bihar and Orissa Public Demand Recovery Rules

42. Postponement of sale to enable certificate-debtor to raise amount due under certificate.

(1)When an order for the sale of immovable property has been made, if the certificate-debtor can satisfy the Certificate Officer that there is reason to believe that the amount of the certificate may be raised by the mortgage or lease or private sale of such property or some part thereof, or of any other immovable property of the certificate-debtor, the Certificate Officer may, on his application postpone the sale of the property comprised in the order for sale, on such terms and for such period as he thinks proper to enable him to raise the amount.
(2)In such case the Certificate Officer shall grant a certificate to the certificate-debtor, authorising him, within a period to be mentioned therein and notwithstanding anything contained in Section 8 or Section 20, to make the proposed mortgage, lease or sale:Provided that all moneys payable under such mortgage, leases or sale shall be paid, not to the certificate-debtor but to the Certificate Officer:Provided also that no mortgage, lease or sale under this Rule shall be absolute until it has been confirmed by the Certificate Officer.