Directly setting aside ex parte decree

¹[(1) Notwithstanding anything contained in rule 13 or any other law, the Court may, in order to avoid delay and expedite disposal, directly set aside the decree without requiring the defendant to adduce evidence to satisfy it about sufficient causes as required under rule 13, but requiring him to pay such cost not exceeding three thousand taka as it may deem appropriate and determine:

Provided that the decree under this rule shall not be set aside unless an application, supported by affidavit, praying for setting aside the decree is made to the Court within thirty days of the date on which the decree is passed by the defendant who appeared and filed written statement:

Provided further that no decree shall be set aside more than once under this rule at the instance of the same defendant.

(2) As soon as an order under sub-rule (1) is made setting aside an ex parte decree, the Court shall cause notice thereof to be served at the cost of the defendant upon the plaintiff.]

¹ Rule 13A was inserted by section 3 of the Code of Civil Procedure (Amendment) Act, 2006 (Act No. VIII of 2006).