(b) the action is tried with a jury and on the day on which the jury gives its
verdict in the action a party to the action--
(i) in the presence of the other
party, or
(ii) in the absence of the other party but after such notice as
the Court thinks reasonable has been given to the other party,
makes
application for the order, or
(c) the action is tried without a jury and a
party to the action--
(i) in the presence of the other party and on the day on
which judgment in the action is given, or
(ii) in the absence of the other
party but after such notice as the Court thinks reasonable has been given to
the other party and, in any case, within 21 days after judgment in the action
is given,
makes application for the order.
(2) The Court may, before judgment
in an action and if no verdict in the action has been entered, order, on
sufficient cause being shown, that the hearing of the action be discontinued
and that a new trial be had.
(3) This section does not limit the operation of
section 127A.
