SSM 1 61.wp.7782.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7782 OF 2010 Pushpa Suresh Jain ....Petitioner Versus Kapil Prakash Valame ....Respondent _______ Mr. Nitin Dhumal for the Petitioner. Mrs. Kavita Pawar i/b Sanjay Kshirsagar for the Respondent. CORAM: B. R. GAVAI, J. DATED : 23 rd FEBRUARY, 2011. P.C.: Rule. 2. Rule made returnable forthwith. 3. By way of present Petition, the Petitioner challenges the order dated 17 th July, 2010, by which an application filed by the present Petitioner for filing the Written Statement on record, came to be rejected. 4. The Petition is vehemently opposed by the Counsel SSM 2 61.wp.7782.10 appearing on behalf of the Respondent. From the record, it can be seen that there is only 4 days delay in filing the Written Statement. The perusal of application below Exhibit-17 reveals that the matter was fixed on 19 th July, 2010 and adjournment was sought on the ground that the Petitioner was indisposed. Though the application was within 90 days, the Trial Court rejected the application. Immediately, on the next day i.e. on 19 th July, 2010, the application alongwith the written statement was filed. 5. No doubt that the provisions of Order 8 Rule 1 of the C.P.C. require that written statement should be filed initially within a period of 30 days or then the extended period of 90 days for the reasons to be recorded by the Court. However, the said provisions have been held to be directory and not mandatory. It has been held that if the defendant makes out the case, for not filing the written statement within a stipulated period, the Court can permit such written statement to be taken on record for even after the period 90 SSM 3 61.wp.7782.10 days has lapsed. 6. In the present case, delay is of 4 days. From the record it can be seen that the adjournment on the ground that the Petitioner was indisposed was sought. 7. In that view of the matter, I am inclined to allow the Petition. Rule is made absolute in terms of prayer clause (a). However, this shall be subject to the costs of Rs.2,000/-. The Petitioner shall deposit the costs of Rs.2,000/- in the Trial Court within a period of four weeks from today. On deposit of costs, the Respondent will be at liberty to withdraw the same. If the Petitioner fails to deposit the costs as aforesaid within stipulated period, then the Petition will automatically stand dismissed without further reference to the Court. (B. R. GAVAI, J.)