(1) If the Appellate Authority does not summarily reject the appeal, it shall fix a date for hearing. The date fixed shall not be earlier than ten days from the date on which intimation thereof is given to the appellant or the applicant or to his agent:
Provided that a date earlier than aforesaid may be fixed for hearing if the appellant or the applicant or his agent agrees thereto in writing.
(2) If on the date and at the time fixed for hearing or on any other date at any other time to which the hearing may be ajdourned, the appellant or the applicant does not appear before the said Authority either in person or through an agent, the said Authority may dismiss the appeal or may decide it ex parte as it may think fit:
Provided that if, within thirty days from the date on which the appeal was dismissed or decided ex parte under this sub-rule, the appellant or the applicant makes an application to the Appellate Authority for setting aside the order and satisfied it that the intimation of the date of hearing was not duly served on him or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing, the said Authority shall make an order setting aside the dismissal, or ex parte decision upon such terms as it thinks fir, and shall appoint a day for proceeding with the appeal.
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