{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil-procedure:2015:article:272","workId":"law:eri:code:civil-procedure:2015","expressionId":"law:eri:code:civil-procedure:2015:en","title":"Decision on Application","number":"272","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/272/","hierarchy":{"book":"BOOK IV — JUDGEMENT, COST AND DISCONTINUANCE OF SUITS","title":"TITLE I — JUDGMENT","chapter":"Chapter 2. — Irregularities and Mistakes"},"paragraphs":[{"id":"p1","number":"1","text":"Where the court is satisfied that:","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/272/#p1","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":149,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/149/?article=272&paragraph=p1#article-272-p1"}]},{"id":"p1a","number":"a","parentId":"p1","text":"an irregularity has occurred which affects the issue to be decided and has prejudiced or is likely to prejudice the applicant; and","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/272/#p1a","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":149,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/149/?article=272&paragraph=p1a#article-272-p1a"}]},{"id":"p1b","number":"b","parentId":"p1","text":"the applicant has not taken any new action in the proceedings after knowledge of the irregularity or has taken such action under protest,","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/272/#p1b","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":149,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/149/?article=272&paragraph=p1b#article-272-p1b"}]},{"id":"p1-tail","number":"","parentId":"p1","text":"it shall record its order setting forth its reasons for allowing the application and issue such order as it deems appropriate: Provided that the proceedings shall not be set aside wholly or in part unless the irregularity cannot be otherwise remedied and provided further that, where the proceedings are set aside in part, any action taken in the proceedings prior to the occurrence of the irregularity shall not be affected.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/272/#p1-tail","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":149,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/149/?article=272&paragraph=p1-tail#article-272-p1-tail"}]},{"id":"p2","number":"2","text":"Where the court considers that the conditions set forth in this Article are not fulfilled, it shall issue its order setting forth its reasons for dismissing the application, and the proceedings shall continue as though such application had not been made.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/272/#p2","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":149,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/149/?article=272&paragraph=p2#article-272-p2"},{"sourceId":"civil-procedure-code-2015-en","pdfPage":150,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/150/?article=272&paragraph=p2#article-272-p2"}]}],"caution":"This is the English-language edition published in 2015 and attributed in its front matter to the Ministry of Justice. Refworld labels it an unofficial translation. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force."}