9. (1) Where on the day fixed for the appearance of the defendant, neither party appears when the suit is called on for hearing, the Court may dismiss the suit. (2) Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then-(a) if it is proved that the summons or notice was duly served on the defendant, the Court may proceed ex parte;(b) if it is not proved that the summons or notice was duly served on the defendant, the Court shall direct a fresh summons and notice to be issued and served on the defendant;(c) if it is proved that the summons or notice was served on the defendant, but not in sufficient time to enable him to appear and answer on the day fixed for his appearance, the Court shall postpone the hearing of the suit to a future day ¹[not exceeding twenty-one days] to be fixed by the Court, and shall give notice of such day to the defendant. (3) Where a Court has adjourned hearing of the suit ex parte, and the defendant, at or before such hearing, appears and assigns good cause for his previous non-appearance, he may, on such terms as the Court thinks fit, be heard in answer to the suit as if he had appeared on the day fixed for his appearance. (4) Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall dismiss the suit, unless the defendant admits the claim or part thereof, in which case the Court shall pass a decree against the defendant upon such admission, and, where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder. (5) Where a suit is dismissed under sub-section (1) or wholly or partly dismissed under sub-section (4), the plaintiff may, within thirty days of the making of the order of dismissal, apply to the Court by which the order was made for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal, and shall appoint a day for proceeding with the suit: Provided that the Court may set the dismissal of a suit under sub-section (4) aside on such terms as to costs or otherwise as it thinks fit: Provided further that no order setting the dismissal of a suit under sub-section (4) aside shall be made unless notice of the application has been served on the defendant. (6) Where a decree is passed ex parte against a defendant, he may, within thirty days of the passing of the decree, apply to the Court by which the decree was passed for an order to set it aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him on such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit: Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only, it may be set aside against all or any of the other defendants also: Provided further that no order shall be made under this sub-section unless notice of the application has been served on the plaintiff. (7) The provisions of section 5 of the Limitation Act, 1908 (IX of 1908), shall apply to an application under sub-section (6).