1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1710 of 1987 State Trading Corporation .. Plaintiff versus Schokhi Industries Pvt.Ltd. .. Defendant ... Mr.R.C. Dubey i/b M/s.S. Kanchan & Co. for the plaintiff. None for the defendants. CORAM : D.G. KARNIK, J DATED : 15th April 2009 P.C.: 1. The suit was posted on 7th October 2008 for hearing. Plaintiffs witness was absent and no affidavit in lieu of examination was filed on that date. Hence, the court passed the following order:- "Issues have been framed on 1st September 2008 with regard to the documents. 2 Affidavit of evidence is prepared by the Advocate for the plaintiff, but has not been filed because the witness on behalf of the plaintiff has not attended the Court and the documents are not offered for inspection. Suit is adjourned to 21st October 2008 for dismissal if the affidavit of examination in chief is not filed by the Plaintiff. 2. Instead of dismissing the suit on 7th October 2008 itself for non attendance of the plaintiff, this court showed indulgence and adjourned the suit to 21st October 2008 with clear indication that it would be dismissed if the affidavit in lieu of examination in chief was not filed by them. 3. Despite the indulgence shown by the Court by an order dated 7th October 2008 till today, affidavit in lieu of examination in chief is not filed. Plaintiffs witness is also not present in the court. The defendant is also not present. Hence, the suit in the absence of plaintiff, suit is dismissed under Order 9 Rule 3 of the Code of Civil Procedure. 3 (D.G. KARNIK, J)