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The Indian Soldiers (Litigation) Act

10Power to set aside decrees and orders, passed against an Indian soldier serving under war or special conditions

(1) In any proceeding before a Court in which a decree or order has been passed against any Indian soldier 1*** whilst he was serving under any special conditions, the soldier 2[or, if he is dead, his legal representative] may apply to the Court which passed the decree or order for an order 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 justice require 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 to impose, make an order accordingly.

3[(2) The period of limitation for an application under sub-section (1) shall be ninety days from the date of the decree or order, or, where the summons or notice was not duly served on the soldier in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order; and the provisions of section 5 of the Indian Limitation Act, 1908 (9 of 1908) shall apply to such applications.]

(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 parties against whom it has been made.

(4) Where a Court sets aside a decree or order under this section, it shall appoint a day for proceeding with the suit, appeal or application, as the case may be.

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1. Certain words omitted by s. 5, ibid.

2. Ins. by s. 5, ibid.

3. Subs. by s. 5, ibid., for sub-section (2).

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