1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3087 OF 2009 Kusumbai Tulshiram Pardeshi .. Petitioner Versus Gafurali Yusufali & Ors. .. Respondents Mr.Jaydeep S. Deo for the petitioner. Mr.N.P.Shimpi for the respondent No.1. CORAM : A.S.OKA, J. DATE : 21st August 2009. P.C.: . Heard learned counsel appearing for the petitioner. The petitioner is the original 6th defendant. The 1st respondent is the original plaintiff. By the impugned order, the suit filed by the 1st respondent which was dismissed in default has been ordered to be restored. It must be stated here that order of restoration has been passed subject to payment of costs to the petitioner. The suit filed by the 1st respondent came to be dismissed on 09th November 2006 and the application for restoration was filed on 07th December 2006. 2 2. The contention of the petitioner is that medical certificate produced by the 1st respondent creates a serious doubt about its genuineness. He submitted that sufficient cause for remaining absent was not established by the 1st respondent. 3. By the impugned order, a suit filed by the 1st respondent which was dismissed in default has been restored. The application for restoration was made within the stipulated period of limitation. This is not a case for exercising extra-ordinary jurisdiction under Article 227 of the Constitution of India. Petition is rejected. (A.S.OKA,J)