THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5494 OF 2010 Dated:16.09.2011 Between: Kolukuluri Seetha Mahalakshmi .. Petitioner And Pilledi Durga Prasada Naga Korma Chari (died) and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5494 OF 2010 ORDER: The plaintiff instituted O.S.No.106 of 2006 on the file of the Court of the II Additional Senior Civil Judge (Fast Track Court), Rajahmundry, for permanent injunction restraining the respondents/defendants for interfering with the peaceful possession of the petitioner’s suit schedule property. In the said suit, the defendants filed written statement. The Court framed issues and the matter is at the stage of trial. The petitioner then filed a belated application being I.A.No.748 of 2010 to strike off the issues on the ground that there is delay on the part of the respondents in filing written statement. The Court below dismissed the said application, aggrieved by which the present Civil Revision Petition is filed. I n Kailash v Nanhku[1], the Supreme Court laid down that rule requiring the defendant to file written statement within a period of 90 days is a flexible rule. Being the procedural law, it cannot defeat the substantive rights of the parties and the Court in appropriate cases can always condone the delay in filing the written statement. The contention that the respondents did not seek leave of the Court to file the written statement also cannot be accepted. The suit is of the year 2006 and when it is at the stage of trial, the petitioner raised such a plea. This only shows that he has waived right to raise such a plea. The Civil Revision Petition is accordingly dismissed. There shall be no order as to costs. ________________ (V.V.S. RAO, J) 16.09.2011 KH [1] (2005) 4 SCC 480 : AIR 2005 SC 2441