On the, day fixed in the summons.
for the opposite party to appear and answer, the parties, shall be in attendance at the Court in person Or by their respective legal practitioners or any other' person authorised under section 79 and the applica-· tion shall then be 'heard unless the hearing is adjour-' ned by the Court.
(2) When neither party appears when the 'appli cation is called on for hearing, the Court may make" an order that the application be dismissed.
(3) 'Where the oppos'ite party appears and the applicant does not appear when the application is, called on for hearing the Court shall made an order' that the application be dismissed unless the opposite party admits the claim or part thereof in which case the Court shall make an order against the 'oppooite party upon such admission and where part only of the claim has been admitted, it shall dismiss'.
the case so far as it relates, to the remainder.
(4) Where the' applicant appears and the opposite party receiving the summons fails to appear when the application is called on for hearing, the Court may proceed excparte.
(5) 'Where the application is wholly or partly dis-· missed. under SIlib"rule (2) or (3), the applicant may' within thirty days of such dismissal apply inForm 6· fer an order to' set the dismissal aside and the Court shall, if· it is satisfied that he was prevented from appearing when the proceeding was called on' for hearing' due to any sufficient cause lllake an order setting aside the dismissal upon such terms' as to costs or otherwise as it thinks fit and may proceed with the case or appoint a day for proceed-, ing with the same:
Provided that no order under this sub-rule shalL be made in respect of an :lipplicatio~ which is di~-.
mis'sed under sub-rule (3) unless notice of the apph-, cation has been served inForm 7 on the opposite party.
. (6) I:h any application in which an ex-parte order' has been passed against the opposite party, he may within thirty days from tihe date of such order apply in Form 6 to the Court 'which passed the order, to set it aside and if the Court is satisfied ,that he was prevented from appearing when the ~r?ceeding W3;$ called on for 'hearing due to any suffiCIent cJl-use, ~t shall after serving notice thereof to the applicant m.
Form 7 make an order setting 'aside the order upon such terms 'as to' costs' or otherwise as it thinks fit and may-proceed with, tI!e he3;ring of the case or' appoint a day for proceedmg With the same.