IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. Civil Writ Petition No.6848 of 2005. Hari Lal son of Shri Bhonre Lal VERSUS Civil Judge (JD) No.1 Alwar & Others Date of Order ::: 22/07/2008. Hon'ble Mr. Prem Shanker Asopa, J. Mr. Shashi Kant Saini, Counsel for the Petitioner Mr. Jinesh Jain, Counsel for the Respondents **** By the Court : With the consent of learned counsel for both the parties the writ petition is taken up for final hearing. The counsel for the petitioner submits that this writ petition is arising out of the order dated 02.08.2005 of the Civil Judge (Junior Division) & Judicial Magistrate No.1, Alwar, wherein written-statement dated 17.01.2003 has not been taken on the record. Earlier to it, the application filed by the defendant- petitioner under Order 7 Rule 11, C.P.C. was rejected on 10.02.2003. Before rejection of the said application the written- statement was filed on 17.01.2003. The order of dismissal dated 10.02.2003 on the ground of jurisdiction was set aside by the Appellate Court on 16.02.2004. In the aforesaid facts and circumstances of the case, the learned counsel for the petitioner submits that the fact of dismissal of the civil suit under Order 7 Rule 11, C.P.C. assumes importance and the said fact has not been properly considered by the trial Court. Otherwise also, the said provisions under Order 8 Rule 1, C.P.C. have consistently been held to be directory by the Hon'ble Supreme Court as well as this Court, therefore, the impugned order of the trial Court dated 02.08.2005 is liable to be set aside. Further submission of the learned counsel for the petitioner is that the trial Court has committed an illegality in not taking written-statement on record in the aforesaid circumstances. The submission of the learned counsel for the respondents is that although the provisions of Order 8 Rule 1 C.P.C. are directory, but still good ground is to be shown for condoning the delay in filing the written-statement, and the ground of filing the application under Order 7 Rule 11, C.P.C. is not a good ground. I have gone through the entire record of the case and considered the rival submissions of the learned counsel for both the parties. In the instant case, not only the application under Order 7 Rule 11, C.P.C. was accepted, but the written-statement was also filed before the same, therefore, the written-statement was on the record at the time of setting aside the order dated 10.02.2003 under Order 7 Rule 11, C.P.C. I am of the view that the order of the trial Court dated 02.08.2005 is not within its parameters and may result in failure of justice, therefore, the same is set aside. The written-statement is ordered to be taken on the record. With the aforesaid discussions, the writ petition is allowed. Since the suit is pending since 2001, therefore, I direct the trial Court to decide the suit itself within a period of six- months. (Prem Shanker Asopa) J. ashok/