KHANWILKAR A.M., J.: - Heard Counsel for the parties.

2. Rule. Rule made returnable forthwith by consent.

3. Mr. Walawalkar waives notice for respondent No.1 who is the only contesting respondent for the purpose of present writ petition.

4. As short question is involved, petition is heard finally forthwith by consent.

5. This writ petition under Article 227 of the Constitution of India takes exception to the judgment and Order passed by the Appellate Bench of Small Causes Court at Bombay dated 2nd November, 2006 in Revision Application No. 228 of 2005. That Revision Application was filed by the respondent No. 1 taking exception to the judgment and Order passed by the trial Court dated 9th September, 2005 in Interim Notice No. 82 of 2005 filed in pending RAE No. 771/1409 of 2004. The said Interim Notice was taken out by the respondent No.1 praying for permission to file written statement beyond permissible period. In other words, the said Application was for condonation of delay in filing written statement and to take ",Titten statement of the respondent No. 1 on record. The trial Court by its well reasoned judgment and Order dated 9th September, 2005 rejected that application. The resp

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