1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.8179 OF 2008 HeerawatiJairampant Lagad ...Petitioner vs. Vilas Bharat Dhamane & Anr. ...Respondents Mr.Satyajeet Dighe i/b Mr.S.K.Shinde for the petitioner Mr.Sachin Chaudhari i/b Mr.Anilkumar Patil for respondent nos.1 and 2 CORAM :A.S.OKA,J. DATE : SEPTEMBER 1, 2009 P.C. 1 Heard the learned counsel for the petitioner. The petitioner is the original plaintiff. The challenge in this writ petition under Article 227 of the Constitution of India is to the order passed by the trial court on 12 th September 2008 by which the application made by the defendants for setting aside the order to proceed with the suit without written statement has been allowed. The result of the said order is that the defendants- respondents will be permitted to contest the suit filed by the petitioner by filing the written statement. 2 The learned counsel for the petitioners submitted that summons was served to the respondents on 4 th July 2007 and the application on which impugned order has been passed has been filed on 11 th June 2008. He submitted that in view of mandate of rule 1 of Order VIII of the 2 Code of Civil Procedure,1908, the application could not have been allowed. 3 The petitioner has invoked extra-ordinary jurisdiction of this court under Article 227 of the Constitution of India. In exercise of extraordinary jurisdiction, this court cannot interfere with every order on the ground that the same is illegal. As stated earlier, the effect of the impugned order is that the defendants will be permitted to contest the suit by filing the written statement. Thus, this is not a case where extraordinary jurisdiction of this court can be invoked to interfere with the impugned order. 4 Writ Petition is accordingly rejected. JUDGE