1 wp-8202-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8202 of 2011 M/s. ABC Company through partners Shri Arvind Rambhai Petani & Ors. .. Petitioners Versus Chandrakant Bajirao Deshmukh & Ors. .. Respondents Mr. Prasad Kulkarni i/b Mr. P. S. Dani for the Petitioners CORAM : R.M.SAVANT, J. DATE : 7th DECEMBER, 2011 P.C. : 1 The above Petition takes exception to the Order dated 17-6-2011 passed by the Learned Civil Judge Senior Division, Panvel by which Order, the Application Exhibit 26 in Special Civil Suit No.90 of 2009 filed by the Defendant No.1 i.e. the Respondent No.1 herein for allowing him to file the Written Statement, has been allowed. 2 In the said Application Exhibit-26, the Defendant No.1 has mentioned the reasons why he could not file the Written Statement within the stipulated time. He has stated that he is an old person and keeps unwell and therefore, he was not in a position to engage an advocate 2 wp-8202-11 earlier. Only after engaging the Advocate that the Written statement was prepared and the said Application Exhibit 26 was filed for taking the said Written Statement on record.. The Trial Court has found the reasons mentioned by the Defendant No.1 worthy of acceptance and has resultantly condoned the delay. The Trial Court has imposed costs of Rs. 2000/- on him. It is therefore, clear that the Trial Court has exercised the discretion considering the reasons set out in the said application. It is trite that Order 8 Rule 1 of the Civil Procedure Code is directory and not mandatory and for good and sufficient reasons time to file the Written Statement can be extended. Since the Trial Court has exercised the discretion in favour of the Defendant No.1, this Court does not deem it fit to interfere with the said discretion. 3 In that view of the matter, no case for interference is made out. The Writ Petition is accordingly dismissed. (R.M.SAVANT, J.)