Suit to recover possession of, or to set aside sale of, immovable property, where notice of certificate not served
36. Notwithstanding anything hereinbefore contained, a sale of immovable property in execution of a certificate shall not be held to be void on the ground that the notice required by section 7 has not been served; but a suit may be brought in a Civil Court to recover possession of such property or to set aside such sale on the ground that such notice has not been served, and that the plaintiff has sustained substantial injury by reason of irregularity:
Provided that no such suit shall be entertained–
(a) if instituted more than one year from the date on which possession of the property was delivered to the purchaser, or
(b) if the certificate-debtor has made appearance in the certificate proceeding, or has applied to the Certificate-officer under section 22 or section 23 to set aside the sale.
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Ministry of Law, Justice and Parliamentary Affairs