Section 53(14) in Jammu and Kashmir Co-operative Societies Rules, 2001
(14)(i)At any time within thirty days of the date of the sale of immovable property, the decree-holder or any person entitled to share in a rateable distribution of the assets or whose interests are effected by the sale, may apply to the recovery officer to set aside the sale on the grounds to a material irregularity or mistake or fraud in publishing or conducting it:Provided that no sale shall be set aside on the grounds of irregularity or fraud unless the said recovery officer, is satisfied that the applicant has sustained substantial injury by reason of such irregularity, mistake or fraud.(ii)If the application be allowed, the said recovery officer shall set aside the sale and may direct a fresh one.(iii)On the expiry of thirty days, from the date of sale if no application has been made to set aside the sale or if such application has been made and rejected, the said recovery officer shall make an order confirming the sale:Provided that, if he shall have reason to think that the sale ought to be set aside notwithstanding that no such application has been made or on grounds other than those alleged in any application which has been made and rejected, he may after recording his reasons in writing set aside the sale.(iv)Whenever the sale of any immovable property is not so confirmed or is set aside the deposit or the purchase money, as the case may be, shall be returned to the purchaser.(v)After the confirmation of any such sale the said recovery officer shall grant a certificate of bearing his seal and signature to the purchaser and such certificate shall state the property sold and name of the purchaser, and it shall be conclusive evidence of the fact of the purchase in all courts and tribunals where it may be necessary to prove it. No proof of the seal or signature of the recovery officer shall be necessary unless the authority before whom it is produced has reason to doubt its genuineness.(vi)An order made under this sub-rule shall be final and shall not be liable to be questioned in any suit or other legal proceedings.
