1 WP 3117/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3117 OF 2010 Dhondiram Babaji Pawar ...Petitioner vs. Uttam Dnyanu Chavan ...Respondent Mr.Mahindra Deshmukh for the Petitioner. CORAM : J.H. BHATIA, J. DATED : SEPTEMBER 7, 2010 P.C. :- 1 In spite of service of notice, the respondent has not appeared. The petition is filed by the original defendant challenging the impugned order dated 12th February, 2010 whereby Joint CJJD Vita refused the permission to the defendant to file written statement in RCS No.29/2009 on the ground that Order VIII Rule 1 CPC is mandatory and the written statement had to be filed within the stipulated period and not beyond 90 days from the date of service. It is clear that even though Order 2 WP 3117/2010 VIII Rule 1 appears to be in mandatory form, it is directive in nature, being the provision governed by the procedural law. (Kailash vs. Nanhku and others, AIR 2005 SC 2441) It appears that there was a delay of about seven months in filing the application after the court had passed the order to proceed without written statement. According to the defendant/petitioner, he was in search of documents and those documents were not available and he could not file the written statement earlier. In view of the circumstances and in view of the fact that the rights in the land are at stake, in my considered opinion, following directions will meet the ends of justice :- Subject to the petitioner/defendant depositing cost of Rs.5000/- before the trial court within three weeks from this date, the trial court shall allow the petitioner to file written statement and on filing the written statement, the matter shall proceed as per law. If the cost amount is 3 WP 3117/2010 deposited, the same shall be allowed to be withdrawn by the plaintiff. In case, the cost is not deposited within the stipulated period, this petition shall be deemed to have been dismissed. The petitioner shall be allowed to withdraw the amount of Rs.5000/- deposited by him in this court. 2 The petition stands disposed of, accordingly. (J.H. BHATIA, J.)