Bombay High Court

KESHAVRAO SANTABA NAIKversusMITHUN MANOHAR NAIK AND 2 ORS

Disposal: Dismissed

Holding

The appeal is dismissed as the appellant failed to show sufficient cause for non‑appearance under Order IX Rule 9 CPC.

Summary

The appellant, Keshavrao Santaba Naik, appealed against an order dated 26 April 2022 that dismissed his application under Order IX Rule 9 of the Civil Procedure Code seeking to set aside a prior order dismissing his Special Civil Suit for non‑prosecution. The trial court had observed that the plaintiff had caused repeated adjournments over a year without valid reasons and had failed to appear when the suit was called, concluding that no sufficient cause was shown for non‑appearance. The appellant argued that the trial court was overly indulgent and should have closed the plaintiff's evidence after three adjournments. The High Court examined the record, the conduct of the plaintiff, and the provisions of Order IX Rule 9 CPC, and found that the trial court correctly applied the law and that the appellant had indeed failed to demonstrate sufficient cause. Consequently, the appeal was dismissed without costs.

Issues considered

Whether the appellant showed sufficient cause for non‑appearance to set aside the dismissal of the suit under Order IX Rule 9 CPC
Whether the trial court exercised its discretion properly in refusing to set aside the dismissal

Legislation cited

Code of Civil Procedure, 1908 — s. Order IX Rule 9

Subjects

non-prosecution
adjournment
sufficient cause
Order IX Rule 9
civil procedure
appeal

Judgment

                                   5 AO 1 2023

     Meena

             IN THE HIGH COURT OF BOMBAY AT GOA
                  APPEAL FROM ORDER NO.1 OF 2023

KESHAVRAO SANTABA NAIK                                ... APPELLANT
  Versus
MITHUN MANOHAR NAIK AND 2 ORS                         ... RESPONDENTS


Mr. Prasheen Lotlikar, Advocate for the Appellant.

Mr. Parikshit Sawant, Advocate for Respondent No.1.


                      CORAM:- VALMIKI MENEZES, J.
                      DATED :- 9th October, 2026

P.C.:


1.      This is an appeal directed against the order dated 26.04.2022
passed on an application under Order IX Rule 9 CPC dismissing he
application on the ground that no sufficient cause has been shown
by the original Plaintiff/Appellant herein for setting aside the order
dated 12.06.2018 dismissing Special Civil Suit No.6/2012/A for
non-prosecution.


2. I have perused the Roznamas of the said suit, and on going
through the same I noticed that right from 06.04.2017 until the suit
was dismissed on 12.06.2018, i.e. the period of one entire year,
traversing almost these adjournments without giving valid reasons,
the suit was dismissed.        The matter was, in fact, listed for

                                    Page 1 of 2
                                  9th October, 2026
                                                      5 AO 1 2023


                    recording the Plaintiff's evidence, who have for filing the affidavit
                    itself, adjourned the suit on not less than 8 occasions. In fact, in
                    my opinion, the trial Court has shown too much indulgence to the
                    Plaintiff and ought to have closed the Plaintiff's evidence on three
                    adjournments being granted for filing his affidavit in evidence.


                    3. On perusing the impugned order, in my opinion, the trial Court
                    has considered the entire record and the conduct of the plaintiff.
                    The trial Court has also considered the provisions of Order IX Rule
                    9 CPC and arrived at the conclusion, based on the conduct of the
                    Appellant, that no sufficient cause in fact has been shown for
                    non-appearance when the suit was called out. There is no case
                    made out. No interference is called for in the order, and the same
                    is upheld.


                    4. The appeal stands dismissed. No costs.



                                                               VALMIKI MENEZES, J.




Signed by: MEENA VISHAL BHOIR
Designation: Private Secretary
                                                       Page 2 of 2
Date: 09/10/2026 17:34:34
                                                     9th October, 2026

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