KBP 6904-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6904 OF 2009 Borivali Nand Dham C.H.S. Ltd. ..Petitioner Vs. K.Patel & Co. Pvt. Ltd. ..Respondent ......... Mr.Jitendra Damani, for petitoner. Mr.Ashok Varma i/b.M/s.S.Pathak & Co., for respondent no.1. ......... CORAM : A.S.OKA, J.. DATE : 15 th SEPTEMBER, 2009. P.C. : 1] Heard learned Counsel for the petitioner. 2] The petitioner is the original plaintiff. The second defendant filed a written statement within the time stipulated by law. The trial Court passed an order directing that the suit will proceed without written statement of the first defendant. An application was made by the first defendant for setting aside the said order and for permitting him to adopt the written statement of defendant no.2. By the impugned order, the said application has been allowed. The result of the impugned order is that the first defendant has been permitted to adopt the written statement of the second defendant which is already on record. 3] The submission of the learned counsel for the petitioner is that the impugned order is illegal and no case is made out for setting aside the order directing the suit proceed without the written statement of the first KBP 6904-09.sxw 2 defendant. He submitted that the first defendant could not have been allowed to adopt the written statement of the second defendant. 4] This is a Writ Petition under Article 227 of the Constitution of India. The jurisdiction under Article 227 of the Constitution of India is not akeen to appellate jurisdiction. It is not necessary for this Court, in exercise of power of superintendence, to interfere with the every order of the lower Court on the ground that the same is illegal. By the impugned order, substantial justice has been done by permitting the defendant no.1 to adopt the written statement of the defendant no.2 which has been already taken on record. Therefore, no case is made out for interference in extraordinary jurisdiction under Article 227 of the Constitution of India. 5] Writ Petition is, accordingly, rejected. Hearing of the suit is expedited. ( A.S.OKA, J. )