Dáil Eireann Courts (Winding-Up) Act, 1923

Unopposed judgments etc., may be re-opened in certain cases.

26.—(1) In any case in which a judgment, decree, or order was on or after the 1st day of August, 1920, given or made by any court against any person in his absence, and it shall be proved to the satisfaction of such court or, in the case of a decree of a Dáil Court, to the satisfaction of the Commissioners, that such person had a prima facie defence or answer to the making of such judgment, decree, or order, but refrained from appearing at and opposing the making of such judgment, decree, or order because of an objection on principle to submit to the jurisdiction of that court, such court or the Commissioners, as the case may be, may at any time within three months after the passing of this Act and upon such terms and conditions, if any, as shall appear just, allow the proceedings in which such judgment, decree, or order was made or given to be re-opened for the purpose of allowing such person to make his defence or answer, and may direct any necessary re-hearing or new trial, and may rescind, vary or amend any such judgment, decree, or order, and may give or make any other judgment, decree, or order, with the addition of any requisite ancillary or consequential order, as the justice of the case shall require.

(2) The rights and powers given by the foregoing sub-section in respect of a decree of a Dáil Court are in addition to, and not in substitution for any right or power given by any other section of this Act.