-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.474 of 2008 M/s J.Rameshchandra and Co. ..Petitioner vs. Vasant Lalji Shah ..Respondent Shri P.S.Dani i/b M/s Kiran Jain and Co. for petitioner. Shri G.V.Mhatre for respondent. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 30th January, 2008 30th January, 2008 30th January, 2008 P.C. P.C. P.C. 1. This writ petition challenges the order passed by the Appellate Bench of the Court of Small Causes holding that the revision application preferred by the present petitioner is not maintainable. 2. That revision application challenges the order passed by the Trial Judge of the Court of Small Causes restoring the suit of the respondent to its file. The suit was dismissed in default and upon sufficient cause for non appearance of the party being pointed out the Court restored the suit. The petitioner/defendant aggrieved by that order preferred the Revision Application. -2- 3. Without going into the larger controversy and when all that has been done by the Trial Court is to restore the suit dismissed by it for default, this is not a case for interference in my extra ordinary, equitable and discretionary jurisdiction under Article 227 of the Constitution of India.The matter was between the trial Court and the original plaintiff. Having satisfied the Court that there is sufficient cause for non appearance, the order dismissing the suit in default has been set aside. The petitioner has full opportunity to defend the suit now on merits. There is no prejudice which would warrant any interference by this Court. Writ petition is dismissed. No costs. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)