The Court, before which an application under any of the foregoing rules of this Order is pending, may fix a day for the hearing of the application.

Where on the day fixed or on any other day to which the hearing may be adjourned the applicant does not appear when the case is called on for hearing, the Court may make an order that the application be dismissed.

Where the applicant appears and the opposite party to whom the notice has been issued by the Court does not appear, the Court may hear the application ex parte and pass such order as it thinks fit. Explanation.-An application referred to in sub-rule (1) includes a claim or objection made under rule 58.

High Court Amendment-[Madras].-(i) In sub-rule (3) insert the following proviso, namely: "Provided that an application may be admitted after the said period of thirty days if the applicant satisfies the Court that he had sufficient cause for not making the application within such period." (ii) for sub-rule (4), substitute the following sub-rule (4), namely: "The provisions of section 5 of the Limitation Act, 1908, shall apply to applications under sub-rule (1)."

The Court, before which an application under any of the foregoing rules of this Order is pending, may fix a day for the hearing of the application.

Where on the day fixed or on any other day to which the hearing may be adjourned the applicant does not appear when the case is called on for hearing, the Court may make an order that the application be dismissed.

Where the applicant appears and the opposite party to whom the notice has been issued by the Court does not appear, the Court may hear the application ex parte and pass such order as it thinks fit. Explanation.-An application referred to in sub-rule (1) includes a claim or objection made under rule 58.

High Court Amendment-[Madras].-(i) In sub-rule (3) insert the following proviso, namely: "Provided that an application may be admitted after the said period of thirty days if the applicant satisfies the Court that he had sufficient cause for not making the application within such period." (ii) for sub-rule (4), substitute the following sub-rule (4), namely: "The provisions of section 5 of the Limitation Act, 1908, shall apply to applications under sub-rule (1)."