1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.6584 OF 2009 Pethe-Shaha Builders through its partner Shri Madhumad Pethe ...Petitioner vs. Aniruddha Padmakar Rane & Anr. ...Respondents Ms Jai Kanade for the petitioner CORAM :A.S.OKA,J. DATE : OCTOBER 9, 2009 P.C. 1 Heard the learned counsel for the petitioner. Office noting shows that private notice has been duly served to the respondents. Notice for final disposal was issued by this court by order dated 2 nd September 2009. 2 The petitioner is the original defendant in a money suit filed by the respondents. By the impugned order, an application made by the petitioner for taking the written statement on record was rejected by the trial court. 3 The petitioner appeared in the suit through an Advocate on 22 nd January 2008 when time was granted by the trial court to file the written statement. On the next date i.e on 29 th February 2008, an application was moved for grant of time which was granted by the trial 2 court. Further application made on 29 th March 2008 for grant of time to file a written statement was allowed by the trial court. On 25 th April 2008, another application was made by the petitioner for grant of time. The case made out in the petition is that the respondents were called upon to file a reply to the application, but the same was not decided. On the subsequent date i.e. 24 th June 2008, the application at Exh.13 was filed on which impugned order has been passed. Along with the said application, the petitioner tendered the written statement. The application was contested by the respondents by contending that time to file the written statement expired on 24 th April 2008 and therefore,the same cannot be accepted. In fact, a prayer was made by the respondents that an order be passed that the suit should proceed without written statement. 4 In the impugned order, the learned trial Judge has observed that the last date for filing the written statement was 24 th April 2008 and the written statement was sought to be tendered on 24 th June 2008. On 25 th April 2008, the petitioner had applied vide application at Exhibit 12 for grant of time to file the written statement. The trial court did not decide the said application. The said application at Exhibit 12 was adjourned to 24 th June 2008 without passing any order thereon. Immediately on the next date, the written 3 statement was tendered along with the application at Exhibit 13. Considering these factual aspects, the trial court ought to have allowed the application at Exh. 13. The provision of Rule 1 of Order VIII has been held to be directory. Hence, the petition must succeed. 5 Hence, I pass the following order : i) Impugned order dated 15 th April 2008 is quashed and set aside. ii)Application at Exh.13 is allowed. The written statement be taken on record. JUDGE