#Dismissal in Default

Bombay HC sets aside a trial court’s dismissal of a suit for non-appearance, holding that an affidavit with substantive reasons meets Order IX Rule 9 CPC’s requirement of 'sufficient cause.' The ruling underscores that procedural fairness demands evaluation of merits, not mere technical compliance, and directs expedited disposal within ten months.

The Himachal Pradesh High Court ruled that courts must exercise judicial discretion in cases of complainant non-appearance, considering adjournments or proceeding on evidence rather than ordering automatic acquittal. This holding reinforces procedural fairness and prevents mechanical dismissals in criminal trials.