Narendra Kumar Jain, J. - (1.) ADMIT .
(2.) HEARD learned Counsel for the parties. Plaintiff -respondent No. 1 filed a suit for permanent injunction wherein summon was served on the defendant -petitioners and the case was fixed for filing the written statement on 21st June, 2004. The defendants sought time for filing written -statement from time to time and it was filed on 2nd September, 2005 along -with an application to take the same on the record. The trial court, vide its order dated 2nd September, 2005 rejected the application filed by the defendants and passed an order that the written -statement has been filed after the expiry of the period of 90 days, therefore, the same will not be taken on the record. The said order is under challenge in this writ petition preferred on behalf of the defendants. The learned Counsel for the petitioners contended that the trial court itself granted time from time to time for filing the written statement, therefore, the petitioners remained under impression that the time to file written -statement has been extended and thereafter the same was filed on 2nd September, 2005 which should have been taken on the record. He further contended that the provisions relating to Order 8 Rule 1 CPC are directory in nature and the trial court committed an illegality in not taking the written -statement on the record. So far as the delay of proceedings is concerned, he contended that the same could have been compensated by way of costs to the plaintiff.
(3.) THE learned Counsel for the plaintiff -respondent contended that the suit was filed on 17th June, 2004 and summon was served immediately on the defendants but they did not file the written -statement from 21st June, 2004 to 2nd September, 2005 resulting in delay of proceedings of the trial court. He further contended that the Legislature has prescribed the period of 90 days as limitation for filing the written -statement, therefore, the trial court rightly rejected the application of the defendants to take the written -statement on the record.;