(b) agents authorized to appear by an authentic power of attorney from an official authority. 58. Limit of Agency:Appointment of an agent in a suit empowers him to do all acts pertaining to the institution or defense of the suit until judgment and decree are passed and delivered by the Court before which he was authorized to appear. Without prejudice to the requirement of special authorization in certain matters provided by law, such agency includes receiving of fees and costs. 59. Consequence of Non Appearance of both Parties:(1) If both plaintiff and defendant fail to appear at the first sitting, the suit shall be dismissed. (2) Where a suit is dismissed under sub-section (1), the plaintiff may bring a fresh suit, or if within a period of thirty days from the date of the dismissal of the suit, he satisfies the Court that there was sufficient cause for his failure to appear, the Court shall make an order setting aside the dismissal and shall appoint a day for proceeding With the suit. 60. Procedure where only the Plaintiff Appears:(1) (a) if the plaintiff appears at the first sitting and the defendant does not appear, the Court shall, if it is proved that the summons are duly served, proceed to hear the suit in his absence; (b) if it is proved that the summons were not duly served, the court shall adjourn the suit and direct a second summons to be issued and served on the defendant; (c) if it is proved that the summons was served on the defendant but not in sufficient time to enable him to appear and answer at the day fixed in the summons, the Court shall postpone the hearing of the suit to a future day to be fixed by the Court, and shall direct notice of such day to be given to the defendant. (2) Where the defendant appears at any subsequent time to which the hearing is adjourned and assigns good cause for his previous failure to appear, he may, upon such terms as the Court may direct as to payment of costs or otherwise, be heard in answer to the suit in like manner as if he had appeared at the first sitting. (3) Where a decree is passed against a defendant who has not appeared in accordance with sub-section (1) (a), he shall be notified of such decree, and he may apply at any time within thirty days from the date of notification to the Court by which the decree was passed for an order to set it aside; and he satisfies the Court that the summons was not duly served or that he was fixed for hearing, the Court shall make an order setting aside the decree upon such terms as to costs, payment into Court or otherwise as it thinks fit and shall appoint a day for the hearing of the suit. 13

Select target paragraph3