section 43
Grounds for cancellation or modification of certificate by Civil Court
The Odisha Public Demands Recovery Act, 1962(1) No certificate duly filed under this Act shall be cancelled by a Civil Court, except on any or one or more of the following grounds, namely:— (a) that the amount stated in the certificate was actually paid or discharged before the signing of the certificate; (b) that no part of the amount stated in the certificate was due by the certificate-debtor to the certificate-holder; or (c) that, in the case of fines imposed, or costs, charges, expenses, damages, duties or fees adjudged, by a Collector or a public officer under any law or any rule having the force of law, the proceedings of such Collector or public officer were not in substantial conformity with the provisions of such law or rule, and that in consequence the certificate-debtor suffered substantial injury from some error, defect or irregularity in such proceedings. (2) No certificate duly filed under this Act shall be modified by a Civil Court, except on the following grounds, namely:— (i) that a portion of the alleged debt was not due; or (ii) that the certificate-debtor has not received credit for any portion which he has paid. (1) When a tenure or holding, situated in an area in which Chapter XVI of the Orissa Tenancy Act, 1913, is in force, is put up for sale in execution of a certificate for arrears of rent due in respect thereof the certificate-debtor shall not bid for or purchase the tenure or holding. (2) If a certificate-debtor purchases, by himself or through another person a tenure or holding so sold, the Certificate Officer may, if he thinks fit, on the application of the certificate-holder or any other person interested in the sale by order, set aside the sale, and the costs of the application and order, and any deficiency of price which may happen on the resale, and all expenses attending it, shall be paid by the certificate-debtor.
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