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Paragraph 51 HEARING

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

When the Application is called in Court at the appointed time and place,

(a)

if no appearance is made by or on behalf of an Applicant, but appearance is made by or on behalf of a Respondent, (1) the Application may be continued (2) the Application may be dismissed in respect of such failure to appear, with or without expenses or (3) the Respondent may proceed, on any matters of fact in dispute, to lead evidence, so far as consistent with the terms of the Order appointing a hearing, or as allowed by the Court, and may thereafter move for an Order disposing of the subject-matter of the Application;

(b)

if no appearance is made by or on behalf of a Respondent, but appearance is made by or on behalf of an Applicant, (1) the Application may be continued (2) any defence, objection or claim pleaded by such Respondent may be repelled in respect of such failure to appear, with or without expenses or (3) the Applicant may proceed to lead evidence, so far as consistent with the terms of the Order appointing a hearing, or as allowed by the Court, either on any matters of fact in dispute or only on matters in regard to which the burden or proof rests upon him and may thereafter move for an Order disposing of the subject-matter of the Application;

(c)

if no appearance is made by any party, the Application may be continued indefinitely or dismissed, as the Court may think proper.