2. wp 1520-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1520 OF 2011 Shivprasad Tiwari @ Shivnath Tiwari .. Petitioner Vs Gulabji Mahabal Tiwari .. Respondent Mr. Y.R. Dube for the Petitioner Mr. Ramesh A. Karande for the Respondent CORAM : D.G. KARNIK, J. DATE : 15th JUNE, 2011. P.C.: 1. Heard. 2. The Petition is directed against the order passed by the Appellate Bench of the Small Causes Court dismissing the Revision Application filed by the petitioner. 3. The petitioner is a defendant. He did not file a written statement within the time prescribed by Order VIII, Rule 1 of the Code of Civil Procedure. An application for time to file written statement was rejected. After about 8 months, the defendant made an application to the trial Court for condoning delay in filing the written statement and permitting him to file the written statement. The said application was also rejected. 1 2. wp 1520-11.doc That order was impugned by the petitioner by filing a Revision Application before the Division Bench of the Small Causes Court. The Division Bench while dismissing the Revision Application held that the impugned order was a procedural order against which Revision would not lie under Section 34(4) of the Maharashtra Rent Control Act, 1999. 4. The view taken by the Revision Bench is in consonance with the view taken by this Court that under Section 34(4) of the Maharashtra Rent Control Act, a revision would lie to the District Court / Division Bench of the Small Causes Court in the City of Mumbai only in respect of the orders pertaining to the Rent Act and not regarding to the procedural order. There is no merit in the Writ Petition and the same is, hereby, rejected. [ D.G. KARNIK, J ] 2 2. wp 1520-11.doc 3