1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.6208 OF 2008 Manish Prakash Ozarde ...Petitioner vs. Kusum Madhavrao Nimbalkar & Ors. ...Respondents Mr.Sanjeev Kadam for the petitioner Mr.Milind Deshmukh for respondent no.1 Mr.S.M.Patil,A.G.P for State CORAM :A.S.OKA,J. DATE : JULY 27, 2009 P.C. 1 Heard learned counsel for the petitioner who is the original plaintiff. The petitioner has impugned the order dated 17th April 2008 passed by the trial court by which the first respondent-first defendant was permitted to file the written statement subject to payment of costs of Rs.200/- payable by the first respondent. 2 The learned counsel for the petitioner pointed out that the summons was served on the first respondent on 19th September 2006 and the present application on which the impugned order is passed was made on 21st August 2007. He submitted that when the delay was of more than 300 days, the application made by the first respondent could not have been allowed by such a cryptic order which contains no reasons. His submission is that such order defeats the amended provisions of the Code of Civil 2 Procedure,1908. 3 The effect of the impugned order is that the first respondent will be permitted to file his written statement and contest the suit. The petitioner has invoked the extraordinary jurisdiction under Article 227 of the Constitution of India. Jurisdiction under Article 227 of Constitution of India need not be exercised in every case when there some error. By the impugned order, substantial justice has been done. Considering these circumstances, this is not a fit case to exercise power under Article 227 of the Constitution of India. JUDGE