Section 38. New trial of contested cases

38. New trial of contested cases. —Where a suit has been contested, the Small Cause Court may, on the application of either party, made within eight days from the date of the decree or order in the suit [not being a decree passed under section 522 of the[1] Code of Civil Procedure (14 of 1882)], order a new trial to be held, or alter, set aside or reverse the decree or order, upon such terms as it thinks reasonable, and may, in the meantime, stay the proceedings. Explanation. —Every suit shall be deemed to be contested in which the decree is made otherwise than by consent of or in default of appearance by the defendant. STATE AMENDMENT Maharashtra Amendment of section 38 of Act XV of 1882 .—In section 38 of the principal act,-- - (a) the Explanation shall be renumbered as Explanation 1; - (b) after Explanation I so renumbered, the following Explanation shall be added, namely:-- " Explanation 2.—Nothing contained in this section shall apply to suits under Chapter VII," [ Vide Maharashtra Act XIX of 1976, s. 3]