Ex parte dismissal can be recalled when genuine non-appearance reasons are shown and the appeal is restored.

An ex parte dismissal order may be recalled where the appellant shows sufficient cause for non-appearance. Here, the adjournment request was supported by an explanation that the appeal records had been misplaced after transfer and efforts were underway to trace them from regional offices. Those circumstances were accepted as genuine, and the non-appearance was treated as sufficiently explained. The ex parte dismissal was therefore recalled and the appeal restored for final hearing.

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Issues: Whether the ex parte dismissal order should be recalled and the appeal restored on the ground that sufficient reasons existed for the adjournment request.

Analysis: The request for adjournment was supported by the explanation that the records had been misplaced after transfer of the appeal and that efforts were being made to trace them from different regional offices. These circumstances were accepted as genuine and constituted sufficient reasons for non-appearance. In such a situation, an ex parte order could be recalled.

Conclusion: The ex parte dismissal order was recalled and the appeal was restored for final hearing.

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