IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1420 OF 1990 Swastik Cooperative Housing Society Ltd. & ors. : Plaintiffs v/s The Municipal Corporation of Greater Bombay & ors. : Defendants Sanika Deshpande i/b Haresh Mehta & co. advocate for defendant no.3 Coram : Shri A.P. Deshpande, J Date : 13.6.2008 P.C. The counsel for the plaintiffs was absent from 19.4.2008 when the court framed issues with assistance of learned advocate for the defendants. The plaintiffs were directed to file affidavit of examination in chief of their witness on 9.6.2008 by an order dt. 29.4.2008. The counsel for the plaintiff remained absent on 9.6.2008. The plaintiff did not file the affidavit of examination in chief of it's witness on 9.6.2008. By way of last chance the matter was adjourned for today to enable the plaintiff to file affidavit of examination in chief. However today as well the counsel for the plaintiff so also the plaintiff is absent. The plaintiff was cautioned by an order dt. 9.6.2008 that failure on the part of the plaintiff to file affidavit of its witness and to keep the witness present for cross examination would constraine the court to dismiss the suit in default. Despite the said order neither the plaintiff/counsel for the plaintiff nor witness is present. Affidavit in examination in chief is not filed hence suit is dismissed in default. (A.P. Deshpande, J)