- (1.)IN this reference made under Section 113 of the code of Civil Proedure (hereinafter referred to as the CPC'), the Court of Principal Civil judge (Jr. Dn.) and Additional JMFC, nanjangud, (hereinafter referred to as 'the trial Court') has sought the opinion of this court on three points. They read as here under:
A]. The Hon'ble High Court in A. Satyapal's case, and Kaithan's case cited supra, has held that once a defendant is served with summons, he has to file written statement within 90 days and whether the said mandate applies to a public offer who opts to make reference to Government under Order 27 Rule 7 CPC.

B]. Under Rule 7 (2) of Order 27 CPC, the word shall is used and whether the same is mandatory or directory in nature.

C]. Proviso to Rule 7 (2) of Order 27 CPC states that "court shall extend time for so long as appears to it as necessary" and whether the same means such extension of time is to be within 90 days from the date of service or can it be extended up to a reasonable time crossing 90 days barrier. "

(2.)BEFORE we proceed to consider the points referred to above, we find it useful to extract Order VIII Rule 1 as amended by means of Act No. 46 of 1999 and Order XXVII rule 7 of the CPC. The same reads as here under : order VIII Rule 1 reads as hereunder :
"1. Written statement- The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence: provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons. "
Order XXVII Rule 7 reads as hereunder :
"7. Extension of time to enable public officer to make reference to Government.- (1) Where the defendant is a public officer and, on receiving the summons, considers it proper to make a reference to the Government before answering the plaint, he may apply to the Court to grant such extension of the time fixed in the summons as may be necessary to enable him to make such reference and to receive orders thereon through the proper channel. (2) Upon such application the Court shall extend the time for so long as appears to it to be necessary. "

(3.)SINCE all the points referred to by the trial Court are inter-connected, we will proceed to answer all the three points together.