1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.5011 of 2008 [V.J. Jadhav Vs. M/s. Deepavali Constructions] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mrs. Rajshree Dewani, Adv., for the petitioner. Mr. M.M. Sudame, Adv., for the respondent. ----- CORAM : S.R. DONGAONKAR, J. DATE : 10th February, 2009. The petitioner challenges the order passed below Exh.15 by Second Joint Civil Judge, Senior Division, Nagpur, in Special Civil Suit No. 867 of 2007, by which the application to take the Written Statement on record was rejected. The reasons assigned by learned Civil Judge in the impugned order are thus :- 7. It is well settled that provisions of Order 8 Rule 1 of C.P.C. are directory in nature, Court however, while extending time to file written statement exercise discretion arbitrarily. Time can be extended only in exceptional cases after recording reasons in writing Time limit prescribed in order 8 Rule 1 of C.P.C. For filing written statement cannot be construed as mandatory, in exceptional and extra ordinary circumstances the Court has direction to permit the defendant to file W.S.” 2 “8. After giving thoughtful consideration to the contents in para No.3 of the application. It has been mentioned that statutory period 90 days is not expired. The defendant has strong case and considering this peculiar facts and circumstances permission be given to file W.S. On record. There is no whisper on the point exceptional occasion circumstance beyond the control of defendant not to file W.S. within permitted time. Therefore, the ground mentioned in the application is not justifiable to grant permission in favour of defendant as prayed. In view of this discussion, I answer point No.1 in negative and proceed to pass the following order.” I have heard the counsel for the parties. In my opinion, the learned Civil Judge should have allowed the application. In the circumstances of the case, therefore, this petition is allowed. Written Statement filed by the defendant-petitioner is directed to be taken on record of the proceedings of Special Civil Suit No. 867 of 2007, however, subject to cost of Rs.500-00 [rupees five hundred only] to be deposited in the Lower Court within a period of fifteen days. Petition stands disposed of in above terms. Judge |Hedau| 3