1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL WRIT PETITION No.13812/2009 Bhanwar Lal v/s Vijaypal Pandey & Ors. DATE OF ORDER ::: NOVEMBER 6, 2009 P R E S E N T HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Shri J.P. Gupta, for the petitioner BY THE COURT : Heard learned counsel for the petitioner. Plaintiff-petitioner has preferred this writ petition challenging the impugned order dated 14.10.2009 passed by the learned Civil Judge (Jr. Div.) and Judicial Magistrate, Beawar, whereby he has ordered to take on record the written statement filed by the defendant after expiry of period of 90 days. The submission of the learned counsel for the petitioner is that as per amended provisions of CPC, the written statement should have been filed within a period of 30 days or the extended period of 90 days but neither any application was filed for the extension of time to file the 2 written statement, nor a copy of the same was supplied to the plaintiff at the time of filing of it in the court. In these circumstances, the trial court committed an illegality in allowing the written statement filed by the defendant on record. He, therefore, contended that the impugned order passed by the trial court is contrary to provisions of O.8 R.1 CPC and the same is liable to be set aside. I have considered the submissions of the learned counsel for the petitioner in the light of the reasons assigned by the trial court in its order which is impugned in this writ petition. In my view, the trial court has assigned cogent reasons for taking on record the written statement filed by the defendant even after expiry of period of 90 days. The Apex court in R.N. Jadi v/s Subhash Chandra (2007 (6) SCC 420) while interpreting the proviso to Rule 1 of Order 8 CPC observed that these provisions are directory in nature, they do not take away the power of the court to take written statement on record though filed beyond 90 days. They only cast an obligation on defendant to file written statement within 3 the time provided for. In view of the above discussions, I do not find any merit in this writ petition and the same is accordingly dismissed in limine. (Narendra Kumar Jain), J. chauhan/