1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5448 OF 2009 Mrs. Maria Alphanso @ Maria Fernandes ........ Petitioner versus Mrs. Sabastian Peter D’souza & anr ........Respondents. Mr. D.B. Savant adv. for the Petitioner Mr. Kunal Bhange for the Respondent no.1. CORAM: A. P DESHPANDE, J. DATED : 3rd November, 2009. P. C.: 1. This writ petition challenges the order passed in revision by the Small Causes Court upholding the order passed by the trial court rejecting the application moved by the present petitioner seeking permission to file written statement on record. It is undisputed that the present petitioner who happens to be defendant no.1 before the Small Causes court was duly served with the suit summons. However despite service the petitioner chose not to file written statement for a considerable long period. The application moved by the petitioner seeking permission to file written statement on record shows that the written statement was prepared way back but inadvertently the same remained to be filed on record of the court and hence permission was sought. The 2 trial court rejected the application holding that the petitioner has failed to comply with the provisions of Order 8 Rule 1 and the explanation of the petitioner is nothing else but is negligence on the part of the defendant no.1. Aggrieved by the said order, revision was carried and the same was dismissed by the revisional court having concurred with the view taken by the trial court that the petitioner is guilty of negligence. The suit is of the year 2004 whereas the application was moved seeking permission to file written statement belatedly in the year 2007. 2. Perused the impugned order. The same does not need any interference in exercise of writ jurisdiction. In the result the petition is summarily dismissed. (A. P. Deshpande, J.)