Section 38

New trial of contested cases.

The Presidency Small Cause Courts Act, 1882

  • Act 15 of 1882
  • Ministry of Law and Justice
  • Department of Justice
About this Act

An Act to consolidate and amend the law relating to the Courts of Small Causes established in the Presidency-towns.

All sections
    1[38. New trial of contested cases.-- Where a suit has been contested, the Small Cause Court may, on the application of either party, made within eight days from the date of the decree or order in the suit (not being a decree passed under section 522 of the 1Code of Civil Procedure (14 of 1882), order a new trial to be held, or alter, set aside or reverse the decree or order, upon such terms as it thinks reasonable, and may, in the meantime, stay the proceedings.
     Explanation.-- Every suit shall be deemed to be contested in which the decree is made otherwise than by consent of or in default of appearance by the defendant.]

Notes

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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