IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER NO. 43 OF 2010 SMT. EVA GOMES E CORREIA AND ORS., ... Appellants Versus SHRI. HONORATO RODRIGUES AND 3 ORS., ... Respondents Mr. G. Shirodkar, Advocate for the appellants. Coram:- A. P. LAVANDE, J. Date:- 18th January, 2011 P.C. This appeal is preferred challenging the order dated 3rd May, 2010 passed by the Ad hoc Additional District Judge-II, South Goa, Margao in Civil Miscellaneous Application No.27/2010 FTC-I dismissing the application filed under Order IX, Rule 9 of C.P.C. 2. On 17th January, 2003, when the suit filed by the appellants was fixed for continuation of evidence of PW1, she was not present and the request for adjournment was made by the Advocate which according to the appellants was orally rejected. Thereafter, the learned Judge dismissed the suit since the plaintiffs were not ready to proceed with the suit. 3. The appellants herein filed an application purporting to be under Order IX, Rule 9 of C.P.C. which the learned Judge has dismissed on the ground that the application was not maintainable. The learned Judge has held that the dismissal of the suit was not under Order XVII, Rule 2 of C.P.C. but under Order XVII, Rule 3 of C.P.C. Therefore, remedy by way of application under Order IX, Rule 9 of C.P.C. was not available. I do not find any error of law having been committed by the learned Judge in holding so. The record discloses that the Advocate made a request for adjournment of the matter which was orally rejected by the learned Judge and thereafter, the matter was dismissed. In this factual background, the order of dismissal has to be construed as order under Order XVII, Rule 3 of C.P.C. and not under Order XVII, Rule 2 of C.P.C. Therefore, in my opinion, no case has been made out for interference with the impugned order. The learned Judge was right in holding that the application was not maintainable. Needless to mention that the dismissal of this appeal would not come in the way of the appellants from availing of appropriate remedy as may be available in law. A. P. LAVANDE, J. SMA