IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7420 of 2011 KEDAR PANDEY & ANR Versus ANARKALI RAI & ORS ----------- 2. 28.04.2011 Upon hearing the learned counsel for the petitioner and on going through order impugned and after perusal of the Order-VIII, Rule-1, of the C.P.C. this court is of the view that the trial court ought to have exercised its discretion given in the proviso, considering the delay of filing written statement which was near about two months i.e. within 90 days from the date of service of notice as non- filing of the written statement will deprive the petitioners’ right to defend and the case was also not ready for evidence. The petition is disposed of accordingly, The written statement shall be taken on record. Ravi/- ( Prakash Chandra Verma, j.)