JUDGMENT :- This appeal is filed against the order dated 15-12-1973 passed by the Senior Civil Judge, Quepem, dismissing an application made by the appellants/plaintiffs under O. 9, Civil P. C. for setting aside an order of dismissal of the suit for default.

2. The hearing of the suit was fixed for 5th April 1973. The date was fixed for hearing the evidence of the plaintiffs. On the previous day of hearing the plaintiffs and their advocate Shri Laximona Naik were present in Court. On 5-4-1973 neither the plaintiffs nor their advocate was present and the suit was dismissed for default. The advocate Shri Naik made an application under O. 9. R. 9. Civil P. C. which was dismissed by the impugned order. The application was made by Shri Naik on his own behalf. All the grounds given in the application are grounds which relate to the inability of Shri Naik to appear in Court. No mention whatsoever is made of the inability of the plaintiffs to appear in Court. Before me also it is not contended that the plaintiffs were for any good reason, unable to attend the Court on 5-4-1973 for giving evidence. The application is supported by an affidavit of Shri Naik. No affidavit of the plaintiffs is p

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