IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8008 of 2011 BINA DEVI Versus MAHESH NARAIN GOSWAMI & ORS ----------- 6 05.05.2011 Heard. By impugned order the trial court has refused to accept the written statement of the petitioner sought to be filed after 90 days by defendant Nos. 5 and 10. In view of the amended provision contained under Order-VIII Rule-1 of the C.P.C., it appears that the law laid down by the Apex Court was not brought to the notice of the trial court in the case of Sambhaji & Ors. Vs. Gangabai & Ors. reported in 2009(1) PLJR (SC) 286. Thus, the portion of the order dated 28.3.2006 passed by Sadar Munsif, Purnea, in T. S. No. 182 of 2002 to the extent it restrains the petitioner from filing of the written statement is set aside. The trial court is directed to consider the application of the petitioner for entertaining the written statement in the light of law laid down by the Apex Court (supra). With this observation, the petition is disposed of. Ravi/- ( Prakash Chandra Verma, j.)