Section 17 in The Armed Forces Tribunal (Procedure) Rules, 2008
17. Ex parte hearing and disposal of application. (1) Where on the date fixed for hearing the application or on any other date to which such hearing may be adjourned, the applicant appears and the respondent does not appear when the application is called for hearing, the Tribunal may, in its discretion adjourn the hearing or hear and decide the application ex parte.
(2)Where an application has been heard ex parte against a respondent or respondents, such respondent or respondents may apply within thirty days from the date of the order to the Tribunal for an order to set aside and if such respondent or respondents satisfy the Tribunal that the notice was not duly served, or that he or they were prevented by any sufficient cause from appearing when the application was called for hearing, the Tribunal shall make an order setting aside the ex parte hearing as against him or them upon such terms as it thinks fit, and shall appoint a day for proceeding with the application: Provided that where the ex parte hearing of the application is of such nature that it cannot be set aside as against one respondent only, it may be set aside as against all or any of the other respondents also: Provided further that in cases covered by sub-rule (6) of rule 11, the Tribunal shall not set aside ex parte hearing of an application merely on the ground that such notice was not served upon a respondent or respondents. ___________(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.
