Section 10 in The Indian Soldiers (Litigation) Act, 1925
10. Powerto set aside decrees and orders, passed against an Indian soldier serving underwar or special conditions
.-(1) In any proceeding before a Court in which a decree ororder has been passed against any Indian soldier [* * *] [ The words " whilst he was serving under war conditions or at any time after the 1st day of April, 1925" omitted by Ord. 64 of 1942, S.5 (w.e.f. 12.12.1942).] whilst he was servingunder any special conditions, the soldier [or, if he is dead, his legalrepresentative] [ Inserted by Ord. 64 of 1942, S.5 (w.e.f. 12.12.1942).] may apply to the Court which passed the decree or order for anorder to set aside the same, and, if the Court after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justicerequire that the decree or order should be set aside as against the soldier,the Court shall, subject to such conditions, if any, as it thinks fit toimpose, make an order accordingly.(2)[ The period of limitation for an application under sub-section (1) shall beninety days from the date of the decree or order, or where the summons ornotice was duly served on the soldier in the proceeding in which the decree ororder was passed, from the date on which the applicant had knowledge of thedecree or order; and the provisions of section 5 of the Indian Limitation Act,1908 shall apply to such applications.] [ Substituted by Ord. 64 of 1942, S.5, for sub-S.(2) (w.e.f. 12.12.1942).](3)When the decree or order in respect of which an application under sub-section (1) is made is of such a nature that it cannot be set aside as against the soldier only, it may be set aside as against all or any of the partiesagainst whom it has been made.(4)Where a Court sets aside a decree or order under this section, it shallappoint a day for proceeding with the suit, appeal or application, as the casemay be.
