Re-hearing on application of respondent against whom ex parte decree made
Appeals From Original Decrees, in the First Schedule to The Code of Civil Procedure, 1908
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.
How this Rule is cited
It is written both ways, and both mean this Rule: Order XLI Rule 21 CPC and Order 41 Rule 21 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 41 Rule 21 CPC, Order XLI Rule 21 CPC. Each opens the full-text search over every order eCourtsIndia holds.
This Order may be one Rule short. India Code publishes the Rules of the First Schedule without recording which Order each one belongs to. We recover that from the Government's own consolidated text of the Code, and for this Order one Rule did not settle beyond doubt. Rather than print it under an Order it might not belong to, it is left out and this note put in its place. Everything shown here is where the Code puts it.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.