When judgment is rendered under §§ 3121 or 3123 of this title, the court shall retain the discretion granted by Rule 49.2 of the Rules of Civil Procedure for the General Court of Justice in cases of error, inadvertence, surprise, excusable negligence or fraud, but the motion invoking said discretion shall be filed within the term of sixty (60) days after the service of notice of the judgment on the parties and there shall be stated therein, under oath, the grounds on which the petition is based. Where said petition is not filed within the term and in the manner herein provided, the court shall dismiss it.
History —Oct. 17, 1961, No. 2, p. 447, § 7.