21. Re-hearing on application of respondent against whom ex parte decree made.—Where an appeal is heard ex parte and judgment is pronounced against the respondent, he may apply to the Appellate Court to re-hear 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.
Order XLI Rule 21 CPC: Re-hearing on application of respondent against whom ex parte decree made
Bare Act text
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In simple words
Where an appeal is heard ex parte and judgment is pronounced against the respondent, he may apply to the Appellate Court to re-hear the appeal. If he satisfies the Court that notice was not duly served or that sufficient cause prevented him from appearing, the Court shall re-hear the appeal on such terms as to costs or otherwise as it thinks fit to impose on him.
Order XLI: Appeals From Original Decrees
- 1 Form of appeal
- 2 Grounds which may be taken in appeal
- 3 Rejection or amendment of memorandum
- 3A Application for condonation of delay
- 4 One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all
- 5 Stay by Appellate Court
- 6 Security in case of order for execution of decree appealed from
- 7 No security to be required from the Government or a public officer in certain cases (Repealed)
- 8 Exercise of powers in appeal from order made in execution of decree
- 9 Registry of memorandum of appeal
- 10 Appellate Court may require appellant to furnish security for costs
- 11 Power to dismiss appeal without sending notice to Lower Court
- 11A Time within which hearing under rule 11 should be concluded
- 12 Day for hearing appeal
- 13 Appellate Court to give notice to Court whose decree appealed from (Omitted)
- 14 Publication and service of notice of day for hearing appeal
- 15 Contents of notice (Omitted)
- 16 Right to begin
- 17 Dismissal of appeal for appellant's default
- 18 Dismissal of appeal where notice not served in consequence of appellant’s failure to deposit cost (Omitted)
- 19 Re-admission of appeal dismissed for default
- 20 Power to adjourn hearing and direct persons appearing interested to be made respondents
- 21 Re-hearing on application of respondent against whom ex parte decree made
- 22 Upon hearing respondent may object to decree as if he had preferred a separate appeal
- 23 Remand of case by Appellate Court
- 23A Remand in other cases
- 24 Where evidence on record sufficient, Appellate Court may determine case finally
- 25 Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from
- 26 Findings and evidence to be put on record
- 26A Order of remand to mention date of next hearing
- 27 Production of additional evidence in Appellate Court
- 28 Mode of taking additional evidence
- 29 Points to be defined and recorded
- 30 Judgment when and where pronounced
- 31 Contents, date and signature of judgment
- 32 What judgment may direct
- 33 Power of Court of appeal
- 34 Dissent to be recorded
- 35 Date and contents of decree
- 36 Copies of judgment and decree to be furnished to parties
- 37 Certified copy of decree to be sent to Court whose decree appealed from