Article text
(1) Any defendant against whom a decree is passed or order made ex-parte or in default of pleadinp; may, 'vithin one month of the da'y when he became aware of such decree or order, apply to the court by which the decree was passed or order made for an order to set it aside.
(2) If the delendant satisfies the court that the summons was not duly served. or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing or from filing his defence or reply, the court shall, after notice of the application has been served on the opposite party, make an order setting aside the decree or order as against him upon such terms as to UVIL PROCEDCRECOOF 2') costs, payment into court or otherwise as it thinks fit. and shall appoint a day for proceeding with the suit or re-hearing the appeal, as the case may be: Provided that where the dcl';.':': M nrd.:r is such that it cannot be set aside as against such defendant only. it may be set aside as against ail or any of the other defendants also.
(3) No decree or order shall be set aside under this Article 011 the sole ground that the applicant was absent at the time when the decree was passed or order made. BOOK Ill. GENERAL PROVISIONS REGARDING CIVIL SUITS