16. Ex-parte hearing and disposal of appeal.—(1) Where on the date fixed for hearing the appeal or on any other date to which such hearing may be adjourned, the appellant appears and the respondent does not appear when the appeal is called for hearing, the Tribunal may, in its discretion adjourn the hearing or hear and decide the appeal ex-parte. (2) Where an appeal has been heard ex-parte against a respondent or respondents, such respondent or respondents may apply to the Tribunal for an order to set it aside and if such 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 the appeal was called for hearing, the Tribunal may make an order setting aside the ex-parte hearing as against him or them upon such terms as it thinks fit, and shall appoint a day for proceeding with the appeal. Provided that where the ex-parte order the appeal 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 (8) of Rule 11, the Tribunal shall not set aside ex-parte order of an appeal merely on the ground that it was not served upon the respondent or respondents.
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