Section 8(4) in Rajasthan Habitual Offenders Rules, 1955
(4)If on any date fixed for the hearing of [representation] [Substituted by ibid], the [petitioner] [Substituted by ibid] does not appear in person or through an authorised representative, the [representation] [Substituted by ibid] may be dismissed for default. Such dismissal shall be set aside if the [petitioner] [Substituted by ibid] makes an application for that purpose within 30 days of the order of dismissal, and shows that he was prevented by sufficient cause from appearing. Such application may be presented to the Home Secretary to the Government or to the District Magistrate, who shall forward it to the Government.This rule makes mention of the form of appeal to be preferred by a person who feels aggrieved by an order passed by the District Magistrate Under Section 3 of the Act and mode of its presentation Section 4 of the Act which provided for such appeal has been amended by the Legislature in 1958. The aforesaid right has been substituted by right of representation to the State Government under section 5C of the Act. The language of the present rule does not in terms apply to the representation provided for in section 5D and it requires suitable amendment in the light of that section.
