O XVII, R 3 The date of the absence of further evidence due to the absence of his lawyer by the plaintiff testified that with the extraordinary delay of six years, the trial court extended the plaintiff more than two months with clear indication. It was allowed to postpone the period that all the evidence should be presented, otherwise the evidence would be closed under OXVII, R3, CPC, counsel for the defendant's absence regarding the date of the plaintiff's absence. Could not excuse the presence, the last opportunity was granted to the plaintiff, but still no evidence was available, thus, the trial court could proceed according to law. There was no alternative but the trial court dismissed the case on grounds. Evidence on record The Supreme Court refused to grant leave to appeal to the plaintiff