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[Cites 0, Cited by 0] [Section 11] [Entire Act]

State of Rajasthan - Subsection

Section 11(3) in Rules (Consolidated) Under the Code of Civil Procedure, 1908

(3)Where the Court has struck out the defence under sub-rule (1) and has consequently passed a decree or order, the defendant or the opposite party, as the case may be, may apply to the Court by which the decree or order was passed for an order to set aside the decree or order, and if he files a registered address and satisfies the Court that he was prevented by any sufficient cause from filing the address, the Court shall make an order setting aside the decree or order as against him upon such term as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit or proceeding:Provided that where the decree or order is of such a nature that it cannot be set aside as against such defendant or opposite party only it may set aside as against all or any of the other defendants or opposite parties.