Article 115

Within one month after the day when he became aware of a judgment by default given under this Chapter, or after the day on which this judgment has been served upon him in person, whichever is later, any defendant may apply to the court by which the judgment was rendered for an order to reply.

The application to oppose the default judgment shall be served upon the original plaintiff who shall have the right to reply.

If the defendant satisfies the court that the summons was not duly served upon him, or that he was prevented by any sufficient cause from appearing when the suit was called for hearing or for filing his defense or reply, the court shall issue an order to grant the opposition against the default judgment upon such terms as to costs, payment into court or otherwise as it deems fit, and shall appoint a day for proceeding with the suit. When the judgment is such that it cannot be set aside as against such defendant only, it may be set aside as against all or any of the other defendants also.

That the applicant was absent at the time when the default judgment was entered is not sufficient cause within the meaning of the preceding sub-Article.

Upon resumption of proceedings after the opposition has been granted, the application to oppose the default judgment shall be considered as the equivalent of a statement of defense.

As from the moment the application to oppose the default judgment has been filed with the court, and has been duly served upon the original plaintiff, the execution of the default judgment is stayed.

Sub-Articles (1) to (6) also apply to default judgments on appeal.