Section 38: New trial of contested cases.

The Presidency Small Cause Courts Act, 1882Central Act · Act 15 of 1882

[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 Code 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.]

Where this provision sits

Act	The Presidency Small Cause Courts Act, 1882
Section	38
Marginal note	New trial of contested cases.
Jurisdiction	Central
Status	In force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

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

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