11.Hearing of appeal.

(1) If the appellate authority does not summarily reject the appeal as per rule 10, 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 to his agent:

Provided that, a date earlier than the aforesaid date may be fixed for hearing, if the appellant 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 adjourned, the appellant 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 of receipt of an order by which the appeal was dismissed or decided ex-parte under this sub-rule, the appellant makes an application to the appellate authority for setting aside the order and satisfies it that the intimation of the date of hearing was not duly served on him or his agent 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 fit, and shall appoint a day for proceeding with the appeal.