Section 26 in Bihar Employees Insurance Courts Rules, 1952
26. Appearance of parties and consequences of non-appearance.
- On the day fixed in the summons for the opposite party to appear and answer, the parties shall be in attendance at the Court in person or by their respective legal practitioners or any other person authorised under Section 79 and the application shall then be heard unless the hearing is adjourned by the Court.(2)When neither party appears when the application is called on for hearing, the Court may make an order that the application be dismissed.(3)Where the opposite party appears and the applicant does not appear when the application is called on for hearing, the Court shall make an order that the application be dismissed unless the opposite party admits the claims or part thereof in which case the Court shall make an order against the opposite party upon such admission and where part only of the claim has been admitted, it shall dismiss the case so far as it relates to the remainder.(4)Where the applicant appears and the opposite party after receiving the summons fails to appear when the application is called on for hearing, the Court may proceed ex parte.(5)Where the application is wholly or partly dismissed under sub-rule (2) or (3), the applicant may within thirty days of such dismissal apply in Form 6 for an order to set the dismissal aside and the Court shall, if it is satisfied that he was prevented from appearing when the proceeding was called on for hearing due to any sufficient cause, make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit and may proceed with the case or appoint a day for proceeding with the same:Provided that, no order under this sub-rule shall be made in respect of an application which is dismissed under sub-rule 3 unless notice of the application has been served in Form 7 on the opposite party.(6)In any application in which ex parte order has been passed against the opposite party, he may within thirty days from the date of such order apply in Form 6 to the Court which passed the order, to set it aside and if the Court is satisfied that he was prevented from appearing when the proceeding was called on for hearing due to any sufficient cause, it shall after serving notice thereof to the applicant in Form 7 make an order setting aside the order upon such terms as to costs or otherwise as it thinks fit and may proceed with the hearing of the case or appoint a day for proceeding with the same.
