1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 288 OF 1997 Laltaprasad R. Tiwari .. Plaintiff V/s Jardaprasad Rajabali Tiwari .. Defendants Mr. A.K. Singh i/b Law Well & Chartered for the plaintiff. Mr. H.S. Khokhawala i/b Nankani & Associates for the defendants. CORAM: D.G. KARNIK, J. DATE : 15/3/2010 P.C. 1. By an order dated 8th December 2009, the Court passed the following order: “The learned counsel appearing for the plaintiff seeks time to file affidavit in lieu of examination in chief and original documents. By way of indulgence, time is granted till 25th January 2010. Stand over till 25th January 2010.” Despite indulgence shown by the Court to the plaintiff to file affidavit of evidence, the plaintiff has not done so. Today, the plaintiff is absent when called. Request of the learned 2 counsel for the plaintiff for further adjournment is rejected. 2. The suit is dismissed in default of the appearance of the plaintiff. (D.G. KARNIK, J.)