1 Wp no.4207/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4207 of 2010 Shri Ranjeet Rangrao Ghare ... Petitioner versus Shri Dattarya Bapu Aredekar & Ors. ... Respondents ... Mr. A.M.Adagule for the petitioner. CORAM : D.G. KARNIK, J. DATED : 21st July 2010 P.C. 1. This petition is directed against the order dated 18 June 2009 passed by the trial Court rejecting the petitioner’s application for condonation of a delay in filing of the written statement and setting aside “no W.S order”. The writ of summons was served on the petitioner on 20 April 2007 and he did not file written statement within 30 days and even within the extended period of 90 days. The trial Court passed “no W.S order” on 7 July 2007. Application for setting aside “no W.S order and condonation of delay” was filed on 4 August 2008 i.e after lapse of more than a year. The application has been rejected by the trial Court. 2 Wp no.4207/10 2. Learned counsel for the petitioner submitted that petitioner was illiterate and was taking medical treatment and therefore, he could not file the written statement. The particulars of the medical treatment, the dates on which he was admitted were not mentioned in the application. However from the order of the trial Judge, it appears that the petitioner was taking medical treatment between 3 June 2008 to 2 August 2008. i.e. Medical treatment was required to be taken after about 11 months from the date on which “no W.S. order” was passed. What the petitioner was doing within this period of 11 months has not been explained. 3. In Kailash Vs. Nanku, AIR 2005 SC 2441, the Hon’ble Supreme Court has held that though the period of 90 days provided under Order 1 Rule 8 is not mandatory, extension of time cannot be granted lightly and for condonation of a delay, petitioner is required to set out the reasons and file an affidavit in support. That was not done. Consequently, trial Court committed no error in rejecting the application. Writ Petition is rejected summarily. (D.G. KARNIK,J.)