Heard. The record is taken up for passing necessary order. Perused the case record. On such perusal, it appears that this suit was instituted on 05/10/15. The suit being set out at P.H., today was also fixed for P.H., but the plaintiffs did not turned up before the court when the suit is called for hearing. On the other hand, the defendants appeared before court, and the appearing defendant party pleaded for a lawful order. In addition, the plaintiff’s time petitions were allowed two times with the cost of 300/ and 200/, in toto, 500/. It appears that the plaintiff has been taking time from the court for producing his witness by showing the same pretext over and again. Even, no substantiation proceeds in favor of his time prayer.
In such conditions, considering the
facts of the non-appearance of the plaintiffs on the day the suit is called for
hearing, and the plaintiffs’ apparent unwillingness to proceed with the suit
any further is clearly decisive, it is opportunely attract to provisions of Or/Rule
9(8) of the Code of the Civil Procedure, 1908.
Hence, it is ordered
that the suit be
dismissed under Or/Rule 9(8) of the Code of the Civil Procedure, 1908 without
costs.