Insufficient hearing notice can amount to sufficient cause for non-appearance, justifying recall of a default dismissal.

A short notice of hearing that leaves inadequate time to respond, especially when intervening holidays are present, may constitute sufficient cause for non-attendance under the Customs, Excise & Gold Control Appellate Tribunal Procedure Rules, 1982. On that basis, dismissal of an appeal for default is liable to be recalled and the matter restored for hearing. The document states that the appellant's absence was excused because the notice did not afford reasonable opportunity to appear, so the dismissal order was set aside and the proceeding restored to the Tribunal's docket for fresh hearing.

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Issues: Whether the short notice of hearing prevented the appellant from appearing and constituted sufficient cause for non-attendance, warranting setting aside of the order dismissing the appeal for default.

Analysis: The notice of hearing was found to be of very short duration, leaving the appellant with inadequate time to respond after accounting for intervening holidays. On that basis, the non-appearance was treated as being caused by sufficient cause, attracting the proviso to Rule 20 of the Customs, Excise & Gold Control Appellate Tribunal Procedure Rules, 1982. The order of dismissal for default was therefore liable to be recalled and the matter restored for hearing.

Conclusion: The issue was decided in favour of the appellant. The dismissal order for default was set aside and the miscellaneous application was accepted.

Final Conclusion: The proceeding was restored to the docket and both sides were directed to appear on the next date fixed by the Tribunal.

Ratio Decidendi: Where a notice of hearing does not afford reasonable time to appear, the resulting non-attendance may constitute sufficient cause justifying recall of a dismissal for default under the applicable procedural rule.

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