1 S.B.CIVIL WRIT PETITION NO.84/2005. Ramdayal Jat. VS C.J.(J.D.) & J.M.Class-I, Roopwas, Distt.Bharatpur & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.84/2005. Ramdayal Jat. VERSUS Civil Judge (J.D.) & Judicial Magistrate Class-I, Roopwas, District Bharatpur and Others. 03.08.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Anand Sharma, for the petitioner. ***** Heard learned counsel for the petitioner and perused the impugned order dated 14.12.2004 (Annexure-2). By the impugned order, the application submitted by the plaintiff for taking on record the counter claim on 04.11.2004 after the written statement was filed by the defendant on 02.06.2004 has been allowed. The submission of the learned counsel for the petitioner is that the time for filing the written statement being ninety days, the time of more than ninety days ought not to have been allowed for filng the counter claim. During the course of hearing, learned counsel for the petitioner could not dispute the fact that after the judgment of the Hon'ble Supreme Court in the case of Salem Advocates' Bar Association, Tamil Nadu Vs. Union of India reported in 2005 JT (1) SC 486 the provisions of Order 8 Rule 1 C.P.C. in relation to the filing of written statement have been 2 S.B.CIVIL WRIT PETITION NO.84/2005. Ramdayal Jat. VS C.J.(J.D.) & J.M.Class-I, Roopwas, Distt.Bharatpur & Ors. held to be directory and not mandatory. In the facts and circumstances of the present case, the written statement having been presented along with the application on 04.11.2004 in response to the written statement filed on 02.06.2004, could not be said to have been filed with inordinate delay. In the facts and circumstances, the impugned order dated 14.12.2004 does not call for any interference. The interim order dated 11.01.2005 stands vacated. Consequently, the writ petition and the stay application stand dismissed. A copy of this order be sent to the learned trial court with a direction to proceed with the trial as the interim order dated 11.01.2005 stands vacated. (DALIP SINGH),J. Solanki DS, Jr.P.A.