(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, 6 BIHAR GAZETTE (EXTRA) 21ST APRIL 2010 the Tribunal may, in its discretion, either dismiss the application for default or decide it on merits.
(2) Where an application has been dismissed for default and applicant files an application the for restoration of the case 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 for setting aside the order of dismissal of the application and restore the same :
Provided, however, that where the case was disposed of on merits, the decision shall be by way of review.