Article 210 — Decision on application

(1) Where the court is satisfiecJ that: 70 CIVIL PROCEDURE CODE (a) an irrgularity has occurred which affects the issue to be decided and has prejudiced or is likely to prejudice the appli- cant; and (b) the applicant has not taken any fresh step in the prooeedings after knowledse of the irregularity or has taken such a step under protest, it shall record a reasoned order' allowing the application aDd iDake in aa:orclana: with Art. .., such order as it thinb fit : Provided that the proceedings shall not be set aside wholly or in part unless the irregularity cannot be otherwise remedied, and provided further that. where the proceedings are set aside in part, any step taken in the proceedings prior to the occurrence of the irregularity shall not be affected. (2) Where the court considers that the conditions laid down in sub- Art. (I) are not fulfilled. it shall record a reasoned order dismiss~ng the application and the proceedings shall continue as though such application had not been made.