Ex-parte hearings: Tribunal may decide if respondent absent; respondent can seek set-aside for lack of service or sufficient cause. Rule 49 permits the Tribunal, when an applicant appears and a respondent does not, to adjourn or to hear and decide the petition or application ex parte. It allows respondents subject to ex parte disposal to apply to set aside that hearing by proving lack of due service or that they were prevented by sufficient cause from appearing; the Tribunal may set aside the ex parte hearing on such terms and, where necessary, extend relief to all or some other respondents.
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 hearings: Tribunal may decide if respondent absent; respondent can seek set-aside for lack of service or sufficient cause.
Rule 49 permits the Tribunal, when an applicant appears and a respondent does not, to adjourn or to hear and decide the petition or application ex parte. It allows respondents subject to ex parte disposal to apply to set aside that hearing by proving lack of due service or that they were prevented by sufficient cause from appearing; the Tribunal may set aside the ex parte hearing on such terms and, where necessary, extend relief to all or some other respondents.
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