Section 42. Ex-parte proceeding, if any party does not appear.

(1) Notwithstanding that the person, for the adjustment of whose debts an application has been made under section 24 or any of his creditors does not appear on the date fixed for the hearing of the application or on any date to which the hearing may be adjourned, the Court shall proceed ex-parte to hear the application, decide the preliminary issues and, if necessary, make the award, on the evidence available. (2) When an application made under section 24 is heard and disposed of ex-parte under sub-section (1), the decision on the preliminary issues or the award shall not, except for sufficient reasons, be re-opened merely on the ground that any of the parties thereto did not appear at the hearing.