THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.R.P.No.1388 of 2010 ORDER: The respondent filed O.S.No.247 of 2008 in the Court II Additional District Judge, Vijayawada, for recovery of about Rs.14/- lakhs. The petitioner was set ex parte, on 03.11.2009. He filed I.A.No.5255 of 2009 under Order IX Rule 7 of C.P.C., with a prayer to set aside the ex parte order. The trial Court dismissed the I.A., through order, dated 11.03.2010. Hence, this revision. Heard learned counsel for the petitioner and learned counsel for the respondent. A perusal of the order passed by the trial Court, discloses that it has taken the view that the petitioner did not file the written statement within the stipulated period of 90 days. The plea of the petitioner that he suffered from Chikun gunya and that he was not able to move from the bed, did not weigh with the trial Court. It is true that Order VIII Rule 1 of C.P.C. was amended to the effect that the written statement must be filed within 90 days from the date of service of summons. However, the discretion of the Court to receive the written statement, after expiry of that time, is not taken away. Much would depend upon the facts and circumstances of the case. The respondent did not deny that the petitioner is suffered from serious ailment. It is brought to the notice of this Court that the petitioner filed written statement, along with the I.A. itself. Hence, the C.R.P. is allowed, and the order under revision is set aside. Consequently, I.A.No.5255 of 2009 is allowed, and the order, dated 03.11.2009, setting the petitioner ex parte shall stand set aside. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY, J Dated:18.06.2010 GJ