Suit in civil Court to have certificate cancelled or modified

The certificate-debtor may, at any time within six months— (1) from the service upon him of the notice required by section 6, or (2) if he files, in accordance with section 8, a petition denying liability from the date of determination of the petition, or if he appeals, in accordance with section 50 from an order passed under section 9 from the date of the decision of such appeal, bring a suit in the Civil Court to have the certificate cancelled or modified, and for any further consequential relief to which he may be entitled: Provided that no such suit shall be entertained— (a) in any case, if the certificate-debtor has omitted to file, in accordance with section 8, a petition denying liability, or to state in his petition denying liability the ground upon which he claims to have certificate cancelled or modified, and cannot satisfy the Court that there was good reason for the omission, or (b) in the case of a certificate for a demand mentioned in Article 1 or Article 2 of the Schedule appended to this Act, if the certificate debtor has not paid the amount due under the certificate to the Certificate-officer; (i) within thirty days from the service of the notice required by section 6, or (ii) if he has filed in accordance with section 8, a petition denying liability—then within thirty days from the date of determination of the petition, or (iii) if he has appealed in accordance with section 50—then within thirty days from the decision of the appeal. Provided 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) as the Court may allow not exceeding six per cent annum.