(1) Where in any proceeding before the Court, if either party, in spite of notice of hearing having been duly served on it, does not appear, when the matter is called on for hearing the Court may either adjourn the hearing of the matter to a subsequent day, or proceed ex parte, and make such order as it thinks fit.
(2) Where any order is made ex parte under sub-section (1), the aggrieved party may, within thirty days of the receipt of the copy thereof, make an application to the Court to set aside such order. If the Court is satisfied that there was sufficient cause for non-appearance of the aggrieved party, it may set aside the order so made, and shall appoint a date for proceeding with the matter:
Provided that, no order shall be set aside on any such application as aforesaid, unless notice thereof has been served on the opposite party.
(2) Where any order is made ex parte under sub-section (1), the aggrieved party may, within thirty days of the receipt of the copy thereof, make an application to the Court to set aside such order. If the Court is satisfied that there was sufficient cause for non-appearance of the aggrieved party, it may set aside the order so made, and shall appoint a date for proceeding with the matter:
Provided that, no order shall be set aside on any such application as aforesaid, unless notice thereof has been served on the opposite party.
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India Code, Government of India. Text fetched 23 Oct 2026. Source metadata reports last modification: 2024-05-06. Check the linked official text and subsequent notifications when applying a provision.