Ex parte procedure permits hearing and decision when a party fails to appear, with limited opportunity to set aside orders. Procedure permits the Bench, where a party fails to appear, to dismiss for default or hear and decide ex parte; a party dismissed for default may, within thirty days, apply to set aside and restore the matter on showing sufficient cause, though decisions disposed on merits are not recallable. If respondents fail to appear, the Bench may adjourn or proceed ex parte; respondents may apply within thirty days to set aside ex parte orders for lack of service or sufficient cause, with the Bench able to set aside on terms and appoint further hearing dates, and to set aside as to all or some respondents where necessary.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Ex parte procedure permits hearing and decision when a party fails to appear, with limited opportunity to set aside orders.
Procedure permits the Bench, where a party fails to appear, to dismiss for default or hear and decide ex parte; a party dismissed for default may, within thirty days, apply to set aside and restore the matter on showing sufficient cause, though decisions disposed on merits are not recallable. If respondents fail to appear, the Bench may adjourn or proceed ex parte; respondents may apply within thirty days to set aside ex parte orders for lack of service or sufficient cause, with the Bench able to set aside on terms and appoint further hearing dates, and to set aside as to all or some respondents where necessary.
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