Section 12(3) in The Tamil Nadu Buildings (Lease and Rent Control) Rules, 1974
(3)In any case in which an order passed ex-parte against a tenant or a landlord, or any order of dismissal for default is passed by the Controller, then, the party affected may, within thirty days from the date of the order or if he satisfies the Controller that he knew of the order only on a subsequent date, within thirty days from the date of such knowledge apply to the Controller by whom the ex-parte order or the order of dismissal was passed, for an order to set it aside; and if he satisfies the Controller that the summons was not duly served or that he was prevented by any sufficient cause from appearing when the application was called on for hearing or that such default was occasioned due to circumstances beyond his control, the Controller shall make an order setting aside the ex-parte order or the order of dismissal passed, as the case may be, upon such terms as to costs as the Controller thinks fit and shall appoint a day for proceeding with the application:Provided that no order shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party:Provided further that in computing the period of thirty days for the purpose of this sub-rule, the time requisite for obtaining a certified copy of the order shall be excluded:Provided also that where an application for setting aside an ex-parte order or an order of dismissal for default has been received under this sub-rule for the first time, all execution proceedings in pursuance of the ex-parte order or the order of dismissal for default shall be stayed until the disposal of the application:Provided also that in respect of a second or subsequent application to set aside an ex-parte order or an order of dismissal for default, the Controller shall have discretion to grant or refuse stay.
