IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1671 of 2006 SMT.SUSHILA DEVI Versus PRAVEEN KUMAR THAKUR & ORS. ----------- 4. 29.04.2009 Heard learned counsel for the petitioner. This civil revision application has been filed by defendant no.3 in the suit against the order dated 16.5.2006 passed by learned Subordinate Judge I, Araria in Title Suit No.146 of 2005. By the said order, the defendant- petitioner has been debarred from filing written statement on account of expiry of statutory period as laid down under Order 8 Rule 1 of the Code of Civil Procedure. Learned counsel for the petitioner submits that time limit fixed by the said provision is not mandatory and if sufficient reasons are disclosed to the satisfaction of the trial court, it can allow the party to file a written statement even beyond the period prescribed by law. In support of his contention, learned counsel for the petitioner has referred to the judgment of the Hon’ble Supreme Court in the case of Shambhajee and others Vrs. Gangabai & ors. reported in 2009 (1) PLJR (SC) 286. - 2 - It appears that the said law laid down by the Hon’ble Supreme Court was not available to the learned court below while passing the impugned order. Therefore, this Court disposes of this revision application with a direction to the defendant-petitioner to file a fresh application before the trial court in reference to the said judgment of the Hon’ble Supreme court disclosing the reasons for not filing the written statement within time. In case the reasons disclosed by the defendant satisfy the learned court below, the court below shall pass orders in the light of the law laid down by the Hon’ble Supreme Court as aforesaid. While considering the petition of the defendant petitioner, the court below shall also keep in mind that in the suit a large number of defendants have not yet appeared and filed their written statement and the suit is at its initial stage itself, therefore, no prejudice would be caused to any party if the written statement is accepted by the court below. With the above observation, this civil revision application is disposed of. B.T (J.N Singh, J)