- (1.) By way of the instant writ petition the petitioner has beseeched to quash and set aside the order dated 11th October, 2011 whereby the learned Civil Judge (Jr.Div.) Bansur District Alwar dismissed the application of the petitioners and allowed the written statement of defence to be taken on record filed by the respondents- defendants.
(2.) Learned counsel for the petitioner canvassed that Order 8 Rule 1 CPC envisages that the defendants should submit the written statement of his defence within 30 days from the date of service of summons on him but not later than ninety days of the service of summons but the learned trial Court despite the written statement of defence having been filed after the expiry of ninety days allowed the same to be taken on record which order is contrary to the provisions of law and the same deserves to be set aside. Learned counsel further canvassed that the impugned order was totally perverse and illegal and not sustainable.
(3.) It is true that the written statement of defence is found to have been filed by the respondents after the completion of 90 days but the amendment made under Order 8 Rule 1 CPC does not mitigate the powers of the Court.;