THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P. No.5371 of 2010 Date of Order: 23-12-2010 Between: Vallabhaneni Anjaneya prasad ..Petitioner and m/s.Swarna Securities ltd. Rep.by its Field officer ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.5371 of 2010 Oral order: This revision under Article 227 of the Constitution is to revise the order of the II Additional District Judge, Vijayawada dismissing I.A.No.2781 of 2010 in O.S.No.116 of 2009, dated 30-09-2010 filed for setting aside the forfeiture order passed against the petitioner and permit him to file his written statement and contest the matter. The petitioner/1st defendant has not filed the written statement within 90 days; therefore, his right to file written statement was forfeited and accordingly forfeiture orders were passed on 21-06-2010. On forfeiting his right to file written statement, the petitioner filed an application for setting aside the forfeiture order, which was also dismissed by the lower court holding that as per the provisions of Order VIII Rule 1 of Code of Civil Procedure, written statement has to be filed within 30 days from the date of service of summons but not later than 90 days from the date of service of notice. As the period of 90 days is over, the right of the petitioner has been forfeited and accordingly dismissed the I.A. Since it is a suit for recovery of amount basing on pronote, the petitioner has a right to file written statement. The petitioner along with I.A. had already filed written statement. Learned counsel for the respondent/plaintiff has no objection for receiving the written statement on payment of costs. It is well settled that prescribing time limit for filing the written statement is to ensure compliance, so that proceedings can be completed at the early stage. The same will not oust the power of the Court to extend the time for filing the written statement for sufficient reasons. Having regard to the fact that valuable rights of the parties are involved, the petitioner should be given an opportunity to contest the suit. To show the bona fides the petitioner/1st defendant had already filed written statement along with I.A. Therefore, the lower Court ought not to have dismissed the I.A. In view of the same, impugned order is set aside and I.A.No.2781 of 2010 is allowed subject to payment of Rs.500/- (Rupees five hundred only) to the respondent/plaintiff within two weeks from the date of receipt of a copy of this order. The Civil Revision Petition is accordingly allowed. No costs. _________________ A.GOPAL REDDY, J. 23-12-2010 Murthy