JANARDAN SAHAI,J - (1.) A suit for injunction was filed by the plaintiff respondent No. 1 against the petitioner and the defendant respondents 1 to 8. It appears that summon was served upon the applicant on 20.8.2004 but the applicant did not file the written statement within the time permissible under the provision of Order VIII, Rule 1 C.P.C. The applicant sought adjournment on account of Counsel of the applicant having undergone byes pass surgery. The trial Court granted repeated adjournments to the applicant. On 7.3.2005 time to file written statement was again sought. The Court fixed 23.3.2005. The applicant however did not file the written statement even on that date and rather moved an application for adjournment which was rejected and the applicant's right to file the written statement was forfeited. The trial Court observed that under the provisions of Order VIII, Rule 1 C.P.C. the written statement has to be filed not beyond the period of 90 days. Aggrieved by that order the applicant has filed the present civil revision. The plaintiff/respondent has put in appearance through Sri Pramod Kumar Jain. Learned Counsel for the applicant submits that the view taken by the Court below that time could not be extended beyond the time permissible under Order VIII, Rule 1 C.P.C. is not correct and that in exceptional circumstances it is open to the trial Court to' extend the time even beyond the period. Reliance is placed upon the decision of the Apex Court in 2005 (1) ARC 861 (SC), Nanhku v. Kailash. It is not necessary to go into the merits of the case in view of the statement made by Sri Pramod Kumar Jain that no counter affidavit is proposed to be filed and the application may be disposed of and the respondent has no objection if the applicant is given one last opportunity to file the written statement but the said opportunity may not be used as tackies for delaying the proceedings by further adjournments. In view of this statement it is appropriate that the applicant may be granted 15 days time from today to file written statement. Sri Ashish Kumar Singh states that the applicant will not press for being supplied the copy of the map and will file the written statement within 15 days from today. In the circumstances it is appropriate that the applicant may be saddled with costs. I am of the opinion that Rs. 5,000/- as costs would suffice. The cost be deposited in the trial Court within 15 days from today. The plaintiff/respondent may withdraw the same. In the result the revision is allowed. The order of the trial Court dated 23.3.2005 is set aside. The applicant is granted 15 days time from today for filing the written statement. If the written statement is not filed within the said period his right to file the same shall stand forfeited. The applicant shall also deposit the costs as directed failing which the written, statement would not be taken on record.;