(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 6416 OF 2009 Shri Laxminarayan Onkardas Agrawal, Age : 55 years, Occupation : Business, R/o. Balaji Lane, Bhusawal, Taluka : Bhusawal, District : Jalgaon. .. Petitioner. versus Shri Kantilal Swarupchand Bamb, Age : 72 years, Occupation : Business, R/o. New Area Ward, Brahman Sangh, Bhusawal, Taluka : Bhusawal, District : Jalgaon. .. Respondent. .......................... Mr. G.V. Wani, Advocate, for the petitioner. .......................... CORAM : B.R. GAVAI, J. DATE : 19TH NOVEMBER 2009. (2) COURT'S ORDER : 1. By way of present petition, the petitioner challenges the order dated 12th February 2004, passed by the learned 3rd Joint Civil Judge (Senior Division), Jalgaon, in Miscellaneous Civil Application No. 1/2001, thereby rejecting the application filed by the present petitioner for restoration of Special Civil Suit No. 172/1993, which came to be dismissed in default. 2. The learned Judge of the trial court has given sound and cogent reasons for rejecting the application. The trial court has disbelieved the statement on which the petitioner relies, on the ground that though the petitioner is resident of Bhusawal and there are various Doctors practicing at Bhusawal, the certificate sought to be produced on record was from a Doctor at village Sakegaon. The learned Judge of the trial court has found that it was improbable that a person would go to a village for his treatment when there are number of Doctors available at Bhusawal. It has further been found by the trial court, that even the plaintiff was not in a position to read as to what was wirtten in the certificate sought to be produced on record. 3. In that view of the matter, no perversity could be found in the approach adopted by the learned Judge of the trial court, so as to warrant interference in exercise of extraordinary jurisdiction of this court under Article 227 of the Constitution of India. (3) 4. The petition is, therefore, dismissed. ( B.R. GAVAI ) JUDGE ......................... bgp/wp6416