10(3)If the creditor served does not appear on the return of the summons, the judge, on being satisfied that the same has been duly served on him, his solicitor or agent, may make an order that notwithstanding the claim filed by such party is not satisfied by the debtor a
supersedeas to the warrant may be granted, and the same shall be granted accordingly, if no other claim is unsettled, though the sixty days from the notice may have then elapsed.