(1) The applicant, against whom an order is made under sub-rule (2) 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 whom
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 applicant had knowledge of the order.
Order 21 Rule 95 CPC Delivery of property in occupancy of judgment-debtor
Order 21 Rule 96 CPC Delivery of property in occupancy of tenant
Order 21 Rule 97 CPC Resistance or obstruction to possession of immovable property
Order 21 Rule 98 CPC Orders after adjudication
Order 21 Rule 99 CPC Dispossession by decree-holder or purchaser
Order 21 Rule 100 CPC Order to be passed upon application complaining of dispossession
Order 21 Rule 101 CPC Question to be determined
Order 21 Rule 102 CPC Rules not applicable to transferee pendente lite
Order 21 Rule 103 CPC Orders to be treated as decrees
Order 21 Rule 104 CPC Order under rule 101 or rule 103 to be subject to the result or pending suit
Order 21 Rule 105 CPC Hearing of application
Order 21 Rule 106 CPC Setting aside orders passed ex parte, etc