JUDGMENT : Barman, J. - The Plaintiff a Forest Contractor, is the Appellant in this second appeal from a confirming decision of the learned District Judge of Bolangir, where by he confirmed a decision of the learned Subordinate Judge of Bolangir and dismissed the Plaintiff?s suit, for cancellation of a certificate, under the Bihar and Orissa Public Demands Recovery Act (Act IV of 1914), being not in conformity with law or Orissa Forest Contract Rules, as not maintainable. 2. The Defendants in the suit are the State of Orissa through the Collector of Bolangir the Certificate Officer, Bolangir; the Divisional Forest Officer, Bolangir, the claim of the Plaintiff being for cancellation of the certificate on the ground, inter alia, that the Defendants 1 and 2 had no dues on the Plaintiff; that the certificate was illegal and that the proceeding and the order of the Defendant Certificate Officer in the certificate case were not in conformity with law or Forest Contract Rules as aforesaid. The simple defence was that money was due from the Plaintiff and that such a suit does not lie in the Civil Court. The learned trial Court dismissed the suit as not maintainable and the said decision was upheld by the learned District Judge in appeal. Hence this second appeal. The Defendants have not appeared in this appeal. 3. The only question is whether this suit is barred under Rule 35 of the Orissa Forest Contract Rules which is quoted as follows: 35 Appeals against termination: The forest contractor may within 3 months appeal to the Provincial Government against an order of termination of contract passed b the Conservator of Forest terminating the contract. Subject to the result of such appeal the order of the Conservator of forests terminating the contract shall be final and no such final decision or any appellate order passed by the Provincial Government shall be called in question in any Civil Court. It is on the basis of these provisions that the Courts below held that the certificate cannot be called in question in any Civil Court. Mr. R.N. Misra, learned Counsel for the Plaintiff-Appellant, contented that it is not any order of the forest authorities which the Plaintiff sought to be cancelled in the suit; all that the Plaintiff prayed for in the suit was for cancellation of the certificate Officer. Mr. R.N. Misra, learned Counsel for the Plaintiff-Appellant, contented that it is not any order of the forest authorities which the Plaintiff sought to be cancelled in the suit; all that the Plaintiff prayed for in the suit was for cancellation of the certificate Officer. That apart, it is clear from Section 43 of the Bihar and Orissa Public Demands Recovery Act (Act IV of 1914) that the certificate debtor may at any time within six months bring a suit in a Civil Court to have the certificate cancelled, or modified, and for any other consequential relief to which he may be entitled. This case directly comes u/s 43 of the Public Demands Recovery? Act which permits the bringing of such a suit in a Civil Court. The very first sentence of the trial Court?s judgment is that this is a suit for cancellation of the order of the? Certificate Court on the ground that .the Defendant nos. 1 and 2 had no dues on the Plaintiff and that the order of the Certificate Court was illegal; this shows that the suit comes directly u/s 43 of the Public Demands Recovery Act. It is clear from the judgment of the Courts below that they did not consider the express provisions of Section 43 of the Public Demands Recovery Act at all, nor did they keep in view the implication of Section 9 of the Code of Civil Procedure, where it is provided that the Court shall have jurisdiction to try all suits of civil nature excepting suits of-which their cognizance is either expressly or impliedly barred. In my opinion, the decision of the Courts below is contrary to law. The courts do not appear to have given any finding on the other issues. 4. I, accordingly, set aside the decision of the Courts below and direct the suit to go back to the trial Court for decision according to law. This appeal is therefore allowed but without costs. Final Result : Allowed