CRP 236/2006 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. C. Baruah, learned Sr. counsel for the petitioner. None appears for th e respondent, despite service of notice. The petitioner, who is the defendant in Money Suit No.47/2005, by the present pe tition, has challenged the order dated 20th June, 2006, passed by the learned Ci vil Judge, Sr. Division, Dibrugarh, whereby and where-under the petition filed b y the petitioner for acceptance of the written statement has been rejected, ther eby refusing to accept the written statement filed on 2nd February, 2006, i.e. t he date fixed for that purpose. It appears from the materials made available on record that the aforesaid money suit was filed by the present respondent against the present petitioner and anot her for recovery of an amount of Rs.28,19,229.83 in the Court of the learned Civ il Judge at Dibrugarh. In the said suit, the present petitioner was served with the summons on 6th October, 2005. The petitioner thereafter, entered appearance. On 23rd December, 2005 when the case was fixed for filing the written statemen t, an application was moved seeking adjournment for filing written statement, wh ich was allowed fixing 2nd February, 2006, as the date for filing such written s tatement by the present petitioner. On the said date fixed, the written stateme nt was filed by the petitioner alongwith an application praying for acceptance o f the same, which has been rejected by the impugned order passed, on the ground that such written statement was filed beyond 90 (ninety) days from the date of s ervice of summons and no exceptional circumstances could be demonstrated in not filing the aforesaid written statement within a period of 90 (ninety) days. As noticed above, the learned Court below by order dated 23rd December, 2005 gra nted time to the petitioner upto 2nd February, 2006 for filing the written state ment and accordingly such written statement was filed by the present petitioner on 2nd February, 2006. The learned Court below having granted such time till 2n d February, 2006 ought not to have refused to accept the written statement, as h as been done in the instant case. In view of the above, the impugned order dated 20th June, 2006, passed by the le arned Civil Judge, Sr. Division, Dibrugarh is set aside. The learned Court belo w is directed to accept the written statement filed and proceed with the matter in accordance with law. The petitioner is directed to appear before the learned Trial Court on 20th April, 2011 for taking necessary order from the said Court. The learned Court below shall issue notice to other parties to the suit, since they are not represented before this Court. The revision petition is accordingly allowed. No costs.