Section 79 in The Orissa Co-operative Societies Rules, 1965
79. Appearance of parties and consequence of non-appearance.
(1)When neither party appears when the case of dispute hereinafter referred to as 'case' is called on for hearing, the case shall be dismissed.(2)[ Where the defendant appears and the plaintiff does not appear when the case is called on for hearing, the case shall be dismissed unless the defendant admits the claim or part thereof in which case a decree shall be passed against the defendant upon such admission, and where only a part of the claim has been admitted the case shall be dismissed so far it relates to the reminder.] [Substituted by S.R.O. No. 1127 dated 18.8.1978.](3)When a case is dismissed for non-appearance of the plaintiff, he may apply to set aside the dismissal on showing sufficient cause for his previous non-appearance.(4)When the plaintiff appears and defendant does not appear when the case is called on for hearing, the hearing may proceed ex parte if it is proved that the summons were duly served on the defendant.(5)When a case is adjourned for hearing ex parte, and the defendant at or before such hearing, appears and assigns good cause for the previous non-appearance he may, upon such terms as to cost or otherwise, be heard in answer to the case as if he had appeared on the day fixed for his appearance.(6)When in any case is which a decree is passed ex parte against a defendant he may apply for an order to set aside and upon his satisfying that he was prevented by sufficient cause from appearing when the case was called on for hearing an order setting aside the decree as against him upon such terms as to costs or otherwise shall be passed and shall be appointed for proceeding with the case.
