Directly setting aside dismissal

¹[(1) Notwithstanding anything contained in rule 9 or any other law, the Court may, in order to avoid delay and expedite disposal, directly set aside the dismissal without requiring the plaintiff to adduce evidence to satisfy it about sufficient causes as required under rule 9, but requiring him to pay such cost not exceeding one thousand taka as it may deem appropriate and determine:

Provided that the dismissal under rule 8 shall not be set aside under this rule, unless an application, supported by affidavit, praying for setting aside the order of dismissal is made to the Court within thirty days of the date on which the order of dismissal is made:

Provided further that no dismissal shall be set aside more than once under this rule.

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

¹ Rule 9A was inserted by section 3 of the Code of Civil Procedure (Amendment) Act, 2006 (Act No. VIII of 2006).