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Union of India - Section

Section 16 in The Armed Forces Tribunal (Procedure) Rules, 2008

16. Action on application for applicant's default. —(1) Where on the date fixed for hearing of the application or on any other date to which such hearing may be adjourned, the applicant does not appear when the application is called for hearing, the Tribunal may, in its discretion, either dismiss the application for default or hear and decide it on merits.

(2)Where an application has been dismissed for default and the applicant files an application within thirty days from the date of dismissal and satisfies the Tribunal that there was sufficient cause for his non-appearance when the application was called for hearing, the Tribunal shall make an order setting aside the order dismissing the application and restore the same: Provided that, where the case has been disposed of on merits the same shall not be reopened except by way of review. ___________
(1)Vide S.R.O. 26(E), dated 17th September, 2008, published in the Gazette of India, Extra., Pt. II, Sec. IV, dated 17th September, 2008.