IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 724 OF 2009 MRS. MARIA FERNANDES ... Petitioner Versus SHRI. LOVIS VIEGAS ... Respondent Shri A. F. Naik, Advocate for the Petitioner. Shri Galileo Teles, Advocate for the Respondent. Coram:- N. A. BRITTO, J. Date:- 8th July, 2010 P.C.:- Heard learned Counsel on behalf of the parties. This Writ Petition is filed by Defendant No.2 in Special Civil Suit No.117/2008/A, and is directed against Order dated 13-3-2009 by which Defendant No.2 has been refused leave to file W.S. Learned Counsel on behalf of both parties have not been able to state as to when Defendant No.2 was served with summons for settlement of issue. However, there is no dispute that Defendant No.2 appeared before the learned Court on 5-12-2008 and sought time to file W.S. There is also no dispute that on every occasion thereafter on 6-1-2009, 27-1-2009, 24-2-2009 and 13-3-2009 Defendant No.2 filed applications for adjournment to file W.S., and it was granted to her. The case was posted from 13-3-2009 to 31-3-2009. On this last date, her application came to be rejected. The earlier applications filed by Defendant No.2 were not opposed by the plaintiff and were granted as a matter of course. It can be seen from her application dated 13-3-2009 that Defendant No.2 had assigned a reason that she was an elderly lady and was suffering from diabetes and high blood pressure, and was seeking time to file the W.S. and the reason assigned was presumably accepted, and on that count time was granted to her. However, when the matter came up for hearing on 31-3-2009 her written statement was not accepted because the same was presented beyond 90 days. In my view, the learned trial Court having extended the time on 13-3-2009 for reasons assigned by Defendant No.2 could not have rejected the W.S. filed by Defendant No.2 on the next date i.e. on 31-3-2009. Considering the facts of the case, in my view, the Writ Petition deserves to succeed. The impugned Order dated 31-3-2009 is hereby set aside. Learned Counsel informs that W.S. is already on record. Parties to appear before the learned trial Court on 15th instant at 10.00 a.m. N. A. BRITTO, J. RD.