- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION No. 711 OF 2008 Gangubai Yallappa Dongre & Ors. ... Applicants Vs. Vijaysinha M. Patwardhan ... Respondent Mr. A. M. Kulkarni, for applicants. CORAM : R. V. MORE, J. DATE : JUNE 15, 2009. PC :- 1. Heard the learned counsel for the applicants. By the present Application, petitioner is challenging order dated 1st September 2008 whereby the respondent’s Misc. Civil Application No. 3 of 2007 for restoration of R.C.S. No. 259 of 1997, is allowed, subject to costs of Rs.2,500/-. 2. The learned counsel for the applicants submitted that the said suit could not have been restored in the absence of sufficient cause shown by the respondent. He submitted that merely on the basis of evidence of respondent and his witness, the sufficient cause cannot be inferred in the absence of any - 2 - documentary evidence. 3. The learned trial Judge though held that it was necessary for the respondent to produce documentary evidence, however, adopted a liberal approach to restore the said suit. I am not inclined to interfere in the impugned order, in as much as the learned Judge in exercise of her discretion passed the impugned order. No error of jurisdiction or error apparent on the face of record is brought to my notice. No case is made out to exercise the powers vested under section 115 of the Civil Procedure Code. In the result, revision application is dismissed. Sd/- [ R. V. MORE, J.]