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State of Assam - Section

Section 148 in Goalpara Tenancy Act, 1929

148. Deposit on application to set aside ex-parte decree.

- Every application for an order under Rule 13 of Order IX in Schedule I to the Code of Civil Procedure, 1908, to set aside a decree passed ex parte for a review of judgement under Section 114 and Rule 1 of Order XLVII in Schedule I to the said Code, in a suit between landlord and tenant as such shall contain a statement of the injury sustained by the applicant by reason of the decree or judgement; and no such application shall be admitted-
(a)unless the applicant has, at or before the time when the application is admitted, deposited in the Court, to which the application is presented, the amount, if any, which he admits to be due from to the decree holder, or such amount as the Court may, for reasons to be recorded in writing, decree ; or
(b)unless the Court, after considering the statement of injury, is satisfied, for reasons to be recorded in writing, that no such deposit is necessary.