Restoration of appeal after default dismissal was allowed where non-service of notice and delay were accepted on the facts.

A dismissal of appeal for default was recalled because the appellants showed they had not received notice of the hearing or the final order, had informed the Tribunal of their changed address, and learnt of the dismissal only much later. As there was no material to rebut these assertions, the Tribunal accepted the explanation for non-appearance and the delay in seeking restoration on the facts presented. The dismissal order was set aside, the appeal was restored, and the restoration application was allowed, reviving the matter for hearing on merits.

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Issues: Whether the dismissal of the appeal for default should be recalled and the appeal restored after the appellants explained their non-appearance and the delay in seeking restoration.

Analysis: The appellants explained that they had not received notice of the hearing or the copy of the final order, had informed the Tribunal of their changed address, and came to know of the dismissal only much later. There was no material on record to rebut these assertions, and the long delay was therefore accepted on the facts placed before the Tribunal.

Conclusion: The dismissal order was recalled, the appeal was restored, and the restoration application was allowed.

Final Conclusion: The matter was revived for hearing on merits, and the earlier default dismissal ceased to operate.

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