KBP 6883-07.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6883 OF 2007 M/s.Sargam Industries ..Petitioner Vs. Alfa Engineering and others ..Respondent ......... Mr.H.F.Palwe, for petitioner. Mr.S.S.Kulkarni, for respondent Nos.2 to 4. ......... CORAM : A.S.OKA, J.. DATE : 10 th August, 2009. P.C. : 1] The petitioner – plaintiff by filing this writ petition under Article 227 of the Constitution of India has taken exception to order dated 13 th April, 2007 passed by the trial court by which earlier order passed by the said court for proceeding with the suit without written statement has been set aside. 2] Learned counsel appearing for petitioner submitted that considering the prayer made in application Exh.30 by the defendant, the said order could not have been passed in as much as in the said application no prayer was made for setting aside the order to proceed with the suit without written statement. He submitted that the impugned order is, therefore, perverse. It is submitted that the impugned order is contrary to the Rule 1 of the Order VIII of the Code of Civil Procedure, 1908 which is held to be mandatory by the Apex Court. 3] I have carefully considered the submissions. The petitioner is the plaintiff in a suit filed in the year 2004. Respondents – Defendants have KBP 6883-07.sxw 2 been permitted to contest the suit by filing their written statement. The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India. The Jurisdiction under Article 227 of the Constitution of India is not an appellate jurisdiction. It confers the power of superintendence on this Court. Jurisdiction under Article 227 of the Constitution of India has to be exercised only in appropriate cases in order to keep sub-ordinate courts within the bounds of their authority. The jurisdiction under Article 227 of the Constitution of India cannot be invoked to correct each and every illegality and each and every error committed by the courts below. Considering the nature of impugned order, this is not a fit case where the jurisdiction under Article 227 of the Constitution of India can be exercised. Hence, no case is made out for interference. Writ petition is rejected. Hearing of the suit is expedited. ( A.S.OKA, J. )