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.
Chapter ORDER XLI — Appeals from Original Decrees
Section Order XLI Rule 21
Re-hearing on application of respondent against whom ex parte decree made
Printed from Law on Tips • The Code of Civil Procedure, 1908