sec.118Court may set aside order made in the absence of the defendant

### sec.118 Court may set aside order made in the absence of the defendant Where a court proceeds pursuant to section 116 to make an order against a defendant who was not served with a summons and who did not appear at the hearing, the defendant may, within 21 days after the order comes to the defendant’s notice, (proof of which time lies upon the defendant) or, with the leave of the court, at any later date, apply to the court that made the order to set aside the order and rehear the matter of the complaint in respect of which the order was made. Notice in writing of intention to make an application under subsection (1) shall be lodged with the clerk of the court, and a copy thereof, together with notice of the place, date and time fixed for the hearing of the application, shall be served upon the person who was the complainant in the proceedings in which the order was made. Upon proof of due service of the notice referred to in subsection (2) , the court may, if it thinks it just in the circumstances of the case so to do, set aside the order made in the absence of the defendant on such terms as to costs as it thinks fit, and may proceed to rehear the matter of the complaint in respect of which the order was made in accordance with the provisions of part 2 . Any order made pursuant to subsection (3) may be made to take effect from any date upon which the order set aside could have been made to take effect pursuant to section 27 . The provisions of this section shall be in addition to and not in diminution of the provisions of section 134 . (sec.118-ssec.1) Where a court proceeds pursuant to section 116 to make an order against a defendant who was not served with a summons and who did not appear at the hearing, the defendant may, within 21 days after the order comes to the defendant’s notice, (proof of which time lies upon the defendant) or, with the leave of the court, at any later date, apply to the court that made the order to set aside the order and rehear the matter of the complaint in respect of which the order was made. (sec.118-ssec.2) Notice in writing of intention to make an application under subsection (1) shall be lodged with the clerk of the court, and a copy thereof, together with notice of the place, date and time fixed for the hearing of the application, shall be served upon the person who was the complainant in the proceedings in which the order was made. (sec.118-ssec.3) Upon proof of due service of the notice referred to in subsection (2) , the court may, if it thinks it just in the circumstances of the case so to do, set aside the order made in the absence of the defendant on such terms as to costs as it thinks fit, and may proceed to rehear the matter of the complaint in respect of which the order was made in accordance with the provisions of part 2 . (sec.118-ssec.4) Any order made pursuant to subsection (3) may be made to take effect from any date upon which the order set aside could have been made to take effect pursuant to section 27 . (sec.118-ssec.5) The provisions of this section shall be in addition to and not in diminution of the provisions of section 134 .