S.B. CIVIL WRIT PETITION NO.5039/2007 Hastimal & Anr. Vs. The ADDL. District Judge No.1, Chittorgarh & Ors. Date of order : 7th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. B.R. Mehta for the petitioners. None present for the respondents. --------- 1. Heard learned counsel for the petitioners. None present for the respondents despite service. 2. This writ petition is directed against the order dated 16.7.2007 whereby the learned trial court refused to take on record the written statement filed by the petitioner-defendants No.1 and 2. 3. Learned counsel for the petitioners submits that though the written statement was filed on 16.7.2007 within 90 days from the service of summon upon him, from the last date fixed by the Court, the period extended slightly 90 days. 4. Nobody appears on behalf of the plaintiff to oppose the submissions. In the facts and circumstances of the case and slight delay in filing the written statement, the order dated 16th July, 2007 is set aside and the learned trial court is directed to take on record the written statement of defendant No.1 and 2. 5. The writ petition is allowed accordingly. [ DR. VINEET KOTHARI ], J. item No.41 babulal/-