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Judgments already set aside by the Court.
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4.—Where a judgment of the High Court on a summary summons or a plenary summons on foot of a liquidated demand was obtained on default of appearance of the defendant and has been set aside by the High Court or a Judge thereof before the 18th day of October, 1928, or where the setting aside of such judgment has been affirmed by the Supreme Court, on account of the same having been obtained without any hearing of the summons by the Master or a Judge, the following provisions shall have effect, that is to say:—
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(a) if before such judgment was so set aside an order in the nature of a writ of fieri facias was issued to recover the amount of such judgment and chattels of the defendant were seized and sold under such order, the defendant shall not be entitled to recover from the plaintiff or from the under-sheriff or county registrar by whom such order was executed or from any other person on account of such seizure and sale any greater sum (whether by way of damages, money had and received to his use or otherwise) than the sum for which such chattels were so sold less by any moneys paid out of such sum to the defendant by such under-sheriff or county registrar;
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(b) if before such judgment was so set aside the plaintiff recovered from the defendant by garnishee, receiver by way of equitable execution, or any other form of execution not otherwise specifically dealt with in this section any moneys on foot of the amount of such judgment, the defendant shall not be entitled to recover from the plaintiff on account of such execution any greater sum (whether by way of damages, money had and received to his use or otherwise) than the amount of the moneys actually so recovered by the plaintiff;
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