Suit in Civil Court to have certificate cancelled or modified

The certificate-debtor may, subject to the provisions of any other law for the time being in force, at any time within six months— (1) from the service upon him of the notice required by section 6; or (2) if he has filed under section 8, a petition denying liability from the date of the determination of the petition; or (3) if he has filed an appeal under section 60 from an order passed under section 9 from the date of the decision of such appeal, bring a suit in a 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) where the relief prayed for is merely on any one or more of the grounds specified in section 8 if the certificate-debtor has omitted to file, in accordance with the said section a petition denying liability and cannot satisfy the Court that there was good reason for the omission; or (b) if the certificate-debtor has not paid all amounts due under the certificate to the Certificate Officer, whether or not, under protest made in writing at the time of payment. Provided also 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. (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 7 or section 19 to make the proposed mortgage, lease or sale: Provided that all moneys payable under such mortgage, lease 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 become absolute until it has been confirmed by the Certificate Officer.