CPC 1908 § Order XLI, Rule 21 — Rehearing on application of respondent against whom ex-parte decree made

Statutory text (English)

1[
(1)]
Where an appeal is heard ex parte and judgment is pronounced against the respondent, he may apply
to the Appellate Court to re-hear the appeal; and, if he satisfies the Court that the notice was not duly
served or that he was prevented by sufficient cause from appearing when the appeal was called on for
hearing, the Court shall re-hear the appeal on such terms as to costs or otherwise as it thinks fit to
impose upon him.
2[
(2) The provisions of section of 5 of the Limitation Act, 1908 (IX of 1908) shall
apply to applications under sub-rule

(1)].

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XLI, Rule 21 (APPEALS FROM ORIGINAL DECREES): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 170, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 170) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

Read this provision with care

This is a public reference to a stored statute record, not legal advice or a case-specific interpretation. Check the latest official gazette, applicable amendments and jurisdiction before relying on the text. A citation and verification label describe the record in this app; they cannot confirm that no later change has occurred. For a real legal matter, consult a licensed advocate.

Use the full CPC 1908 section index to compare nearby provisions, or return to search.