^. HIGH COURT OF CHHATTISGARH. BILASPUR WritPetition (Art. 227) No.5636 of 2010 PETITIONERS/: (Defendants) RESPONDENT/: (Plaintiff) Ramvishal Deodas, age 56 years S/o Late Shri Punitram Deodas, By Post Govt. Servant, By Caste Ganda-Adivasi, R/o Village Pitiyajhar, Ward No.8, Mahasamund, Tahsil-Distt. Mahasamund (C.G.) Smt. Rambha Bai, age 51 years W/o Shri Ramvishal Deodas, By Caste Ganda-Adivasi, R/o Village Pitiyajhar, Ward No.8, Mahasamund, Tahsil-Distt. Mahasamund (C.G.) Versus Seejo Thomas, aged about 33 years, S/o Shri Jose Thomas, R/o F.C.I. Chowk Pitiyajhar Road, Mahasamund, Tahsil-Distt. Mahasamund (C.G.) {Writ petition under Article 227 of the Constitution of India} Present: Mr. J.A. Lohani, counsel for the petitioners. None for the respondent, though served. Sinale Bench: Hon'ble Mr. T.P. Sharma. J ORAL ORDER (8-8-2011) 1. By this writ petition under Article 227 of the Constitution of India, the petitioners have challenged legality & propriety of the orders dated 3-9- 2010 & 4-9-2010 passed by the 1st Additional District Judge, Mahasamund in Civil Suit No.l-B/2009, whereby the Court below has dismissed the application for taking written statement on record on the ground that same has been filed after ninety days of limitation as provided under Order 8 Rule 1 of the CPC. 2. I have heard learned counsel for the petitioners, perused the orders impugned and copies of other documents. 3. As per the order dated 3-9-2010 summons have been served upon the petitioners herein on 15-5-2010 but they have not filed their written statement within ninety days of such service. The application filed on ^--.^. •^ » - Soma behalf of the petitioners has been dismissed only on the aforesaid ground. As held in the matter of the Court is competent to extend the time period of ninety days in appropriate cases. In the present case, on 4-9-2010 the petitioners have filed written statement along with an application. In these circumstances, the court ought to have allowed the application subject to payment of cost. 4. Consequently, the petition is allowed and the orders dated 3-9-2010 & 4- 9-2010 passed by the 1 Additional District Judge, Mahasamund in Civil Suit No.l-B/2009 relating to denial of taking written statement on record are hereby quashed subject to payment of cost of Rs.1,000/- to the respondent within fifteen days from today before the trial Court. In case of any anomaly, the petitioners shall deposit the cost in Civil Court Deposit (CCD). The written statement filed on behalf of the petitioners herein is taken on record subject to payment of aforesaid cost. 1 Sd/- 1 T.R Sharma Judge