¹[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 ¹Code 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.]

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).