(1) At the first hearing of the application, after the Surrunons is served, the courl shall, after considering the application and the written statement, if any, or after such examination of the parties or any person or any document aS may appear necessary, ascertain upon whaimaterial proposition of fact or of larv the parties are at variance. and shall thereupon proceed to frame and record the issues upon rvhich the right decision appears to depend.
(2) In recording the issues, the court shall distingUish between those issues which in its opinion concem points of fact and those which concern points of law.
(3) Thc court may, tn the like nranner, at any tinre before passing its final order add to, strike out fi'om or in any rvay anlend the issues on such terrns as it may think fit, 25 Order where es are not at issue:- Where at any hearing ol the case i1 appears that the parties arc not at issue on any question of larv or of fact the court may at once pronounce its final ordcr.
26 an n s ol. non eri[a :- ( l) ort the day fixed in the summons l'or the opposite part to appear atttl ansri,cr.
the parties shall be in attendance at thc court in person or by thcir respective lcgal practitioners or any othcr porson authorizc'd unclur section 79 and the application, shall tlrcn bc hcard unlcss hcaring is adjourned by the court, ll
(2) when neither pafly appears when the application is called on for hearing the court may malce an order that the application be disnrissed.
(3) where the opposite party appears and the applicant does not appear when the application is called on for hearing, the court shall make an order that the application be dismissed unless the opposiLe party admits the claim or part thereof in which case the court shall make an order against the opposite 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 after receiving the summons fails to appear when the application is called on for hearing, the court may proceed ex-parte'
(5) where the application is wholly or partiy dismissed undel sub-rule (2) or(3), the applicant may within thirty days of such dismissal apply in Form-6 for an order to set the dismissal aside and the court sha-ll if-ii rs satisfied that he was prevented from appearing when the proceeding was called on for hearing due to any sufficient cause make an order setting aside the dismissal upon Such terms as to costs or othenvise as it thinkJ fit and may proceed with the case or appoint a day tbr proceeding with the same, provided that no order under this sub-nrle shall be nrade in respect of an application which is dismissed under srrb-rule(3) unlc'ss notice of the application has been served in Fornr-7 on the opposite part)"
(6) tn any application in which an ex-parte ol'dcr ltls bcel passed against the opposite party, he may within thirty days lionl thc tlatc of such order apply in l?orm-6 to the court which passcd tlic ordcr, to sct it aside and il'the court is satisficd that he wns prcverttcd litlnr appcilring when the proceeding was called on lor hcaring duc to lny srrllicicnt cause, it shall alter scrving noticB tlrcreol to thc applicirnt irt ll'ontt-7 rnake an order setting aside thc order upott such tcl'trls its ttl costs ()r otherwise as rt thinks flt and nrrry procccd rvith tlru hcitt'irtg ol'thc ci'tsc or' appoint a day for proccccling w'ith thc slttttc' l2