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MAGISTRATES' COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2020 (SR NO 113 OF 2020) - REG 9.07

Leave to defend after order made

    (1)     A defendant who wishes to apply under section 6 of the Act must—

        (a)     file an application in Form 9E; and

        (b)     not less than 5 days before the day for hearing of the application serve a copy of the application on the complainant personally.

    (2)     An application under section 6 of the Act must state the special circumstances relied upon by the applicant.

    (3)     The Court may set aside the order on such terms as the Court thinks fit.

    (4)     Upon filing an application under section 6 of the Act, no steps to enforce the order shall be taken for 14 days from the date of filing or until the application is heard (whichever is the earlier).

    (5)     An applicant who fails to appear on the hearing of the application must not make a further application without the leave of the Court.



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