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Issues: Whether the ex parte appellate order was vitiated for denial of an effective opportunity of hearing and whether the matter should be remanded for fresh adjudication.
Analysis: The first adjournment had been sought in time through a telegram, and the request was made on account of difficulty in arranging travel and the existence of a prior commitment before the High Court. In these circumstances, the request for adjournment ought to have been considered, and proceeding ex parte without affording an effective opportunity amounted to a denial of natural justice.
Conclusion: The matter was remanded to the appellate authority for fresh decision after giving the appellants an opportunity of hearing. The appeal was allowed by way of remand.
Final Conclusion: The impugned appellate order was set aside in substance and the dispute was sent back for reconsideration on merits after hearing the appellants.
Ratio Decidendi: Where a party seeks its first adjournment promptly and for sufficient cause, refusal of adjournment followed by an ex parte order may justify remand for a fresh hearing in accordance with natural justice.