4. Power to set aside decree.–After decree the Court may, under special circumstances, set aside the decree, and if necessary stay or set aside execution, and may give leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to the Court so to do, and on such terms as the Court thinks fit.

— O. XXXVII, R. 4 — Power to set aside decree — Scope — Under Rule 4 of Order XXXVII, Code of Civil Procedure, 1908, “under special circumstances” the court can set aside the decree — Rule 4 is subject to the condition there must be ‘special circumstances’ to support any application for setting aside decree — The plain reading of the Rule 4 makes it diaphanous that it excludes ‘ordinary circumstance’ or ‘circumstances which may happen every day’ — Meaning thereby, heavy burden lies on the defendant to show the circumstances due to which he was unable to appear during proceedings of the suit — The ‘special circumstances’ are different from ‘ordinary circumstance’ and ‘circumstance which may happen every day’, rather the same are rare, exceptional and beyond the control of the human being — The same can be categorized as: 1). Serious illness or accident preventing defendant’s appearance; 2). Death or sudden incapacitation of defendant’s counsel; 3). Natural calamity or unforeseen events; 4). Mistake or error apparent on the face of the record; 5). Failure of justice due to non-service or inadequate service. [2025 SCLR 8 = 2025 SCMR 60 = 2024 SCP 388]