Order for new hearing

(1) If in any case the court is satisfied by an unsuccessful party to an action that he was prevented by circumstances beyond his control from placing his case fully before the court at the first hearing of the action or that the judgment was obtained by fraud or other improper conduct on the part of the successful party, the court may, if it thinks proper, order a new hearing of the action to be had upon the terms it thinks reasonable, and in the meantime stay the proceedings in the (2) Nothing in this section shall be construed to take away or in any manner affect any right of appeal under Part VIII of the Supreme Court of Judicature Act, Cap. 91. Court Costs, Execution etc., of Judgment