| (1) | The court may, upon application by any person affected thereby, or, in cases falling under paragraph (c), suo motu— |
| (a) | rescind or vary any judgment granted by it in the absence of the person against whom that judgment was granted; |
| (b) | rescind or vary any judgment granted by it which was void ab origine or was obtained by fraud or by mistake common to the parties; |
| (c) | correct patent errors in any judgment in respect of which no appeal is pending; |
| (d) | rescind or vary any judgment in respect of which no appeal lies. |
| (2) | If a plaintiff in whose favour a default judgment has been granted has consented in writing that the judgment be rescinded or varied, a court may rescind or vary such judgment on application by any person affected by it. |
[Section 36(2) substituted by section 2(a) of Notice No. 769, GG 41017, dated 2 August 2017]
(3)
| (a) | Where a judgment debt, the interest thereon at the rate granted in the judgment and the costs have been paid in full, whether the consent of the judgment creditor for the rescission of the judgment has been obtained or not, a court may, on application by the judgment debtor or any other person affected by the judgment rescind that judgment. |
| (b) | The application contemplated in paragraph (a)— |
| (i) | must be made on a form which corresponds substantially with the form prescribed in the rules; |
| (ii) | must be accompanied by reasonable proof that the judgment debt, the interest and the costs have been paid; |
| (iii) | must be accompanied by proof that the application has been served on the judgment creditor, at least 10 court days prior to the hearing of the intended application; |
| (iv) | may be set down for hearing on any day, not less than 10 court days, after service thereof; and |
| (v) | may be heard by a magistrate in chambers. |
[Section 36(3) inserted by section 2(b) of Notice No. 769, GG 41017, dated 2 August 2017]
| (4) | A court may make any cost order it deems fit with regard to an application contemplated in paragraph (a). |
[Section 36(4) inserted by section 2(b) of Notice No. 769, GG 41017, dated 2 August 2017]
