Order XLI Rule 21: Rehearing on application of respondent against whom ex parte decree made

[(1)] Where an appeal is heard ex parte and judgment is pronounced against the respondent, he may apply to the Appellate Court to rehear the appeal; and, if he satisfies the Court that the notice was not duly served or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing, the Court shall re hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him. [(2) The provisions of section of 5 of the Limitation Act, 1908 (IX of 1908) shall apply to applications under sub rule (1)].

Effective date: 1909-01-01

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