A HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. {227) No. 6074 of 2009 PET!TIONERS 1 Narendra Kumar S/o Mahesh Prasad Halwai, aged about 32 years 2 Mahendra Pratap Slo Mahesh Prasad Halwai, aged about 29 years 3 Ram Gopal s/o Mahesh Prasad Halwai, aged about 25 years 4 Raghunath S/o Mahesh Prasad Halwai, aged about 19 years 5 Kumari Annapurna, daughter of Mahesh Prasad Halwai, aged about 27 years 6 KumariwSuman daughter of Mahesh Prasad Halwai, aged about 27 years Minor Ku. Sadhna daughter of Mahesh Prasad Halwai, aged about 16 years, through naturat guardian her mother sushila Devi and father Mahesh Prasad Halwai 8 Smt. Sushiia Devi. wife of Mahesh Prasad Halwai, aged about 55 years All residents of Gharghoda, Tahsii Gharghoda Distt. Raigarh (C.G) Versus Mahesh Prasad, s/o Jamuna Prasad Halwai, aged about 60 years, resident of Gharghoda, Tahsil Gharghoda Distt. Raigarh (C.G). 2 Amit s/o Sharad Agrawai, aged about 35 years, r occupation business, n’o MarWaTipara, Sambalpur, Distt. Sambaipur (Orissa) 3 State of Chhattisgarh, through collector, Raigarh (C.G). WRIT PETITION UNDER AhTICLE 227 OF THE CONSTITUTION OF INDIA RESPONDENTS / iR Aggearance : Mr. Manoj Kumar Sinha, counsel for the petitioners. Mr. Suryakant Mishra, Panei Lawyer, for the State/ respondent no.3 I $W SUNIL KUMAR SINHA, J. Heard on admission. Being aggrieved with the order dated 07.8.2009 passed in Civil Suit No.24-A12008 by the Civil Judge, Class-I. Gharghodal Distt. Raigarh (C.G), the petitioners/plaintiffs have flled this writ petiticn. It appears that in the suit filed by the petitioners/plaintiffs, respondent no.2/defendant tiled his written statement after the lapse of 90 days. After tiiing of such written statement, an objection was taken by the petitioners/ plaintiffs by filing an application under Order 8 Rule 1 & 10 of the Code of Civil Procedure. The learned trial Judge observing that the matter was posted for~ hearing on many interim applications and decisions thereof consumed maximum time, has taken the written statement of defendant no.2 on record by imposing cost of Rs.500/—and has dismissed the application filed by the petitioners/plaintiffs. Mr. M.K. Sinha, learned counsel appearing for the petitioners submits that the provisions of Order 8 Rule 10 CPC are mandatory and the order passed by the learned trial Court is not in accordance with law. This matter was dealt with by the Supreme Court in Salem Advocate Bar Association, T.N. -Vs- Union of India (2005) 6 SCC 344 and it was held that there is no restriction in Order 8 Rule 10 that after expiry of 90 days. further time cannot be granted. The Court has wide power’to “make such order in relation to the suit as it thinks tit”. Therefore, the provision of Order 8 Rule 1 providing for the upper limit of 90 days to file written statement was directory. The Supreme Court further observed that it is necessary to clarify that the order extending time to file written statement cannot be made in 71 routine. The time can be extended only in exceptionally hard cases. While ‘ extending time, it has to be borne in mind that the legislature has fixed the upper time limit of 90 days. The discretion of Court to extend the time shall / mm i 3 . a? WP. g227.) No. 6074 of 2009 t not be so frequently and routine‘y exercised so as to numfy the period fixed by ln the facts and circumstances of the case‘ when the trial Court has observed that maximum time has been consumed in disposai of the interlocutory matters and has also observed that with a view to dispose of the Order 8 Rule 1. matter on merits, it was necessary to take the written statement on record even beyond the period of 90 days, then the trial Court has rightly exercised jurisdiction and has taken the written statement on record after imposing cost For the foregoing reasons, i do not find any illegality or infirmity in the order passed by the learned triai Court warranting interference by this Court. The petition has no merits, the same is liable to be dismissed and is hereby of Rs.500I-. dismissed at the motion stage itself. (”Weew \ sumwmsw' / sar- No cost. // :;: r