1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5386 of 2009 Harakchand Pukhraj Gadiya ... Petitioner versus Mangilal Nemchand Gadiya ... Respondent ... Mr.Onkar Warange for the petitioner. Mr. Vishal Kanade i/b Jai V. Kanade for the respondent CORAM : D.G. KARNIK, J. DATED : 7th July 2010 P.C. 1. This writ petition is directed against the order dated 16 March 2009 passed by the Civil Judge, Junior Division, Wadgaon, Maval rejecting the application of the petitioner defendant for condonation of a delay in filing of written statement and taking the written statement on record. 2. The written statement was filed four years after the appearance of the defendant as against the statutory period of 90 days. The only reason given in the application for condonation of delay was that there were talks of settlement going on between the parties and therefore 2 written statement could not be filed. To say the least, that could not be a ground for non filing of the written statement. Even otherwise, the application was totally bereft of any details. It does not mention when the talks were initiated and when they failed. 2. In Kailash Vs. Nanku, AIR 2005 SC 2441, the Supreme Court has held that though Order Rule 1 Rule 8 of the Code of Civil Procedure is not mandatory and the Court can condone the delay in filing of the written statement, condonation should be an exception for reasons to be assigned by the defendant and also to be placed on record in writing. The reasons given in the present case are not at all satisfactory. The trial court committed no error in rejecting the application. Writ Petition is rejected summarily. (D.G. KARNIK,J.)