1 wp96.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 96 of 2011 Murlidhar Dondiba Jagdale ... Petitioner v/s. Smt. Sushila Pralhad Jagdale & anr. ... Respondents Mr. Rupesh K.Bobade for the petitioner. Mr. Ajay Joshi for the respondents. CORAM:- B.R. GAVAI, J DATED :- MARCH 29, 2011. P.C. By way of present petition the petitioner challenges the order dated 16th November, 2010 vide which the application filed by the present petitioner for setting aside no written statement order and for permission to place written-statement on record came to be rejected. The learned Counsel for the petitioner submits that the learned trial Court has erred in rejecting the application on the ground that medical certificate was not placed on record, when as a matter of fact it was placed on record. 2 wp96.11.sxw 2. The perusal of order would reveal that suit summons were served on the petitioner on 2nd July, 2009. The medical certificate on which the petitioner relies would show that he was under treatment from 10th October, 2009 to 30th April, 2010. The period of 30 days after the receipt of suit summons would expire on 2nd July, 2010 whereas the period of 90 days would expire on 2nd October, 2010. So even if according to the petitioner, he has fallen sick only after the period of 90 days had expired. No reasons leave aside plausible have been pointed out to show as to why written- statement could not be filed within the said period of 90 days. 3. In that view of the matter and particularly the law laid down by the Apex Court in the case of Kailash v/s. Nahnku reported in (2005) 4 SCC 480, no case is made out for interference. Rejected. (B.R. GAVAI, J)