1 wp 8420.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8420 OF 2011 Lata Deepchand Thole @ Lata Mohanlal Gandhi .. Petitioner Versus Kamalbai Deepchand Thole .. Respondent Shri L. B. Pallod, Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 15TH NOVEMBER, 2011. PER COURT : . Heard Shri Pallod, the learned counsel for the petitioner. The petitioner impugns the order accepting the written statement of the respondent No. 1/C. Shri Pallod, the learned counsel contends that the summons were served upon the respondent No. 1/C on 23 rd April, 2010 and the written statement is filed on 27 th June, 2011 i. e. almost after about a year. No reasons are stated. As per the provisions of Order VIII Rule 1 the defendant has to file the written statement within 30 days, which time can be extended up to 90 days. No proper reasons are given for not filing the written within limitation. The court could not have accepted the written statement in casual manner. 2 wp 8420.11 2. The provisions of Order VIII Rule 1 are directory in nature. Whether the written statement is to be accepted after the said statutory period is the discretion of the Court. The Trial Court exercised the discretion in accepting the written statement. Moreover, though the suit is filed in the year 2005, subsequently the defendant No. 1/C is brought on record and the notices have been served only in the month of April 2010 and in June 2011 the written statement is filed, which is accepted by the Court. The Court has also taken into consideration the reasons given. Though there is no speaking order passed by the Trial Court while accepting the written statement and allowing the application exhibit 84, still in the application it has been stated that the defendant 1/C is illiterate, is a age-old lady and has knee problem. 3. The dispute is in respect of an immovable property. It is in the fitness of things to get the suit decided on merits. In view of that the writ petition is dismissed, however, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/Nov. 11