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State of Bihar - Section

Section 29 in Bihar and Orissa Public Demands Recovery Act, 1914

29. Application to set aside sale of immovable property on ground of non-service of notice or irregularity.

(1)Where immovable property has been sold in execution of a certificate, the certificate holder, the certificate-debtor or any person whose interests are affected by the sale, may at any time within sixty days from the date of the sale, apply to the Certificate Officer to set aside the sale on the ground that notice was not served under Section 7 or on the ground of a material irregularity in the certificate proceedings or in publishing or conducting the sale:Provided as follows -
(a)no sale shall be set aside on the ground of any such material irregularity unless the Certificate Officer is satisfied that the applicant has sustained substantial injury thereby; and
(b)before the Certificate Officer passes an order setting aside a sale under this Section he shall require the certificate-debtor to pay the amount actually found due from. him.
(2)Notwithstanding anything contained in sub-section (1) the Certificate Officer may entertain an application made after the expiry of sixty days from the date of the sale if he is satisfied that there are reasonable grounds for so doing. .