Bare ActsCode of Civil Procedure, 1908 (CPC)

Section OXXI-R106

Setting aside orders passed ex parte, etc.

Amendment status not verified — confirm the current text below against the official source.

(1) The applicant, against whom an order is made under sub-rule (2) of Rule 105 or the opposite party against whom an order is passed ex parte under sub-rule (3) of that rule or under sub-rule (1) of Rule 23, may apply to the Court to set aside the order, and if he satisfies the Court that there was sufficient cause for his non-appearance when the application was called on for hearing, the Court shall set aside the order or such terms as to costs or otherwise as it thinks fit, and shall appoint a day for the further hearing of the application. (2) No order shall be made on an application under sub-rule (1) unless notice of the application has been served on the other party. (3) An application under sub-rule (1) shall be made within thirty days from the date of the order, or where, in the case of an ex parte order, the notice was not duly served, within thirty days from the date when the applicant had knowledge of the order.] Inserted by Act 104 of 1976, S.72 (w.e.f. 01/02/1977).

Section OXXI-R106 – Code of Civil Procedure, 1908 (CPC) | DailyLaw.ai