Section 12 in The Redemption of Mortgages (Himachal Pradesh)Act, 1971
12. Saving of suits to establish rights and setting aside ex-parte orders or orders of dismissal.
- Any party aggrieved by an order made under sections 6, 7, 8, 9, 10 or 11 of this Act may institute a suit to establish his rights in respect of the mortgage, but, subject to the result of such suit, if any, the order shall be conclusive.Notwithstanding anything in this section a mortgagee against whom an ex-parte order under section 7 has been made or a petitioner whose petition has been dismissed in default under section 6 may apply to the Collector to have such order or dismissal set aside, and the Collector may in his discretion set aside, such order or dismissal on such terms as to costs or otherwise as he may deem fit:Provided that the order or dismissal shall not be set aside unless notice of the application has been served on the opposite party.
