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 6 or on the ground of a material irregularity in the certificate proceedings or in publishing or conducting the sale: Provided that— (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) in the case of an application by the certificate-debtor the Certificate Officer, shall, before passing an order setting aside a sale under this section, require him 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. (1) The Certificate Officer may, in his discretion, adjourn any sale hereunder to a specified day and hour and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment: Provided that, where the sale is made in, or within the precincts of, the office of the Certificate Officer, no such adjournment shall be made without the leave of the Certificate Officer. (2) Where a sale is adjourned under sub-rule (1) for a longer period than seven days, a fresh proclamation under rule 26 shall be made, unless the certificate-debtor consents to waive it. (3) Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including the costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such debt and costs has been paid to the Certificate Officer who ordered the sale.