Amendment status not verified — confirm the current text below against the official source.
Power to set aside judgement or order passed "ex-parte" by default - (1) No appeal by plaintiff or defendant shall lie from a judgement or order passed against him by default for non-appearance, whether such judgement or order were given under Section 155, Section 156, Section 157 or Section 169. (2) If the party against whom any such judgement or order has been given appears, either in person or by agent,- (a) if a plaintiff, within thirty days from the date of Deputy Commissioner's order, and (b) if a defendant, within thirty days after any process for enforcing judgement has been executed, or at any earlier period, and shows sufficient cause for his previous non-appearance, and satisfies the Deputy Commissioner that there has been a failure of justice, the Commissioner may, upon such terms and conditions as to costs or otherwise as he may think proper, revive the suit and set aside the judgement or order. (3) No judgement or order shall be altered or set aside under sub-section (2) without previously summoning the party to appear and be heard in support of it.