Prem Shankar Asopa, J. - (1.) Heard Learned Counsel for the parties. 1.1 With the consent of both the parties, the writ petition is taken up for final disposal at the admission stage.
(2.) This writ petition has been filed by the petitioner -defendants against the order dated 19.03.2005, wherein the written -statement has not been taken on the record.
(3.) Briefly stated the facts of the case are that the written -statement was not filed within 30 -days from the date of service of the summon and thereafter, civil suit was dismissed in default on 06.09.2003 and the same was restored on 05.02.2005. Subsequent thereto the written -statement was filed on 19.02.2005 and the explanation given by the Learned Counsel for the petitioner -defendants is that the period of 90 -days is to be counted from the date of restoration of the civil suit. The trial Court has held that the initial period of filing of the written statement under Order 8 Rule 1, CPC is 30 -days, unless it is extended by 90 -days, as per the proviso to the said Rule. It appears that the Court has taken the aforesaid provisions as mandatory, whereas the same has been held consistently by the Hon'ble Supreme Court and this Court as directory.;