(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 merit.
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(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 was disposed of on merits, the decision shall not be re-opened except by way of review.
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 the hearing may be adjourned, the applicant appears and the respondent does not appear when the application is called for hearing, the Tribunal may, 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 the respondent or respondents may, apply within thirty days from the date of the order to the Tribunal for an order to set it aside and if the 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 application was called for hearing, the Tribunal may make an order setting aside the ex-parte order 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 order 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 (7) of rule 11, the Tribunal shall not set aside ex-parte order of an application merely on the ground that it was not served upon a respondent or respondents.
18. Application for review....———— (1) No application for review shall be entertained unless it is filed within thirty days from the date of receipt of copy of the order sought to be reviewed.
(2) A review application shall ordinarily be heard by the same Bench which has passed the order, unless the Chairman may, for reasons to be recorded in writing, direct it to be heard by any other Bench.
(3) Unless otherwise ordered by the Bench concerned, a review application shall be disposed of by circulation and the Bench may either dismiss the application or direct notice to the opposite party.
(4) When an application for review of any judgment or order has been made and disposed of, no further application for review shall be entertained in the same manner.
(5) No application for review shall be entertained unless it is supported by a duly sworn affidavit indicating therein the source of knowledge, personal or otherwise, and also those which are sworn on the basis of the legal advice.
(6) The counter affidavit in review application shall also be by a duly sworn affidavit, wherever any averment of fact is disputed.
19. Substitution of legal representatives....———— (1) In the case of death of a party during the pendency of the proceedings before the Tribunal, the legal representative of the deceased party may apply within ninety days of the date of death for being brought on record as necessary parties.
(2) Where no application is received from the legal representative within the period specified in sub-rule (1), the proceedings against the deceased party shall abate:
Provided that on good and sufficient reasons, the Tribunal, on an application, may set aside the order of abatement and substitute the legal representative.
20. Adjournment of hearing....———— The Tribunal may if sufficient cause is shown at any stage of proceedings, grant time to the parties or any of them and adjourn the hearing of the application and the Tribunal may make such order as it thinks fit with respect to the costs occasioned by the adjournment.
21. Order to be signed and dated....———— (1) Every order of the Tribunal shall be signed by the Member or Members constituting the Bench, which pronounced the order.
(2) The order shall be pronounced in open court.
22. Publication of orders....———— (1) The Tribunal may publish its decision which is deemed fit for publication, in a report entitled “Indian Law Report Central Administrative Tribunal ………..20….” (for short ‘ILR….CAT…20…’).
(2) Such of the order of the Tribunal as are deemed fit for publication in any other authoritative report or the press may be released for publication on such terms and conditions as the Chairman may specify by general or special order.
18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]