IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.7 OF 2009 IN WRIT PETITION NO.5330 OF 2008 Mrs.Anita H.Bhandari ...Review Petitioner (Ori.Respondent) V/s. Shri Manoj Singh ...Respondent (Ori.Petitioner) ...... Mr.T.D.Deshmukh for Review Petitioner. Mr.R.D.Soni i/b M/s.Ram & Co. for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. FEBRUARY 24, 2009. FEBRUARY 24, 2009. FEBRUARY 24, 2009. P.C. 1. Heard Counsel for the parties. 2. This Petition is to recall my order dated September 9, 2008 passed in Writ Petition No.5330 of 2008. The principal reason stated by the Review Petitioner is that this Court proceeded on the assumption that some of the documents from pages 60 to 100 have not been adverted to by the lower Court : 2 : while deciding the Application of the Defendants seeking leave to defend. Counsel for the Writ Petitioner fairly accepts that the documents appended at pages 60 to 100 of the Writ Petition compilation were not before the lower Court. However, he rightly submits that that was not the only basis on which this Court proceeded to decide the Writ Petition by the order under review. 3. In Paragraph 7 of the order, other aspects have been highlighted which persuaded me to set-aside the order passed by the Trial Court and relegate the parties for considering Application Exhibit 23 afresh on its own merits in accordance with law. In other words, even if there is merit in the argument of the Review Petitioner that one of the basis referred to in Paragraph 6 of the order under review is incorrect, taking overall view of the matter, however, no interference in review jurisdiction is warranted. At the same time, it will have to be made clear that the Writ Petitioner can be allowed to rely on only those documents before the lower Court which have been specifically referred to in the application or : 3 : reply filed in the Summary Suit, if any. It would be a different matter if the Writ Petitioner (Defendant) were to take permission of the Trial Court for filing further pleadings so as to refer to specific documents in the said pleadings and justify the stand taken in the Application for seeking leave to defend which is already filed on record. It is for the lower Court to examine that request on its own merits and proceed to decide the Application Exhibit 23 afresh as ordered on 9th September 2008. If the lower Court was to give opportunity to the Writ Petitioner/Defendant to file further affidavit, it may consider granting similar opportunity to the Plaintiff to refute the stand taken by the Defendant in the further affidavit. All those matters can be dealt with by the lower Court in the Application Exhibit 23 which has been remanded and restored to the file of the Trial Court to be considered on its own merits. 4. Petition disposed of on the above terms. A.M.KHANWILKAR, J.