(1) Notwithstanding that the person for the settlement of whose debts an application has been made under section 11 or any of his creditors does not appear on the date fixed for the hearing of the application or on any date to which it may be adjourned, the Board shall proceed ex parte to hear the application, beside the preliminary issues and, if necessary, make the award, on the evidence available.
(2) When an application made under section 11 is heard and disposed of ex parte under sub-section (1) the No recovery of amount in excess of debts scaled down.
Ex parte proceedings if any party does not appear.
Debts not to be scaled down in case of collusion.
26 [Act No. XII of 1952] decision on the preliminary issues or the award shall not except for sufficient reasons, be reopened merely on the ground that any of the parties thereto did not appear at the hearing.
41. If, after an award is made under section 36, the Board finds on an application made to it by any party or otherwise, that the debtor has other property which was not disclosed to the Board when the award was made, or that any property included in the award did not belong to the debtor, the Board may, notwithstanding anything contained in this Act, reopen the award and resettle the debts in accordance with the provisions of this Act:
Provided that where the Board is satisfied that the nondisclosure of such property was in consequence of any fraud on the part of the debtor, the Board revising the award shall not give the debtor the benefit of section 35.