1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3680/2003 ( Smt. Lilabai w/o Vithobaji Meshram & another -: VERSUS :- Smt. Sushila w/o Pralhad Khobragade ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 22, 2010. Adv. Shri A.P. Mohrir for respondent has filed an application for vacation of stay. The writ petition was admitted on 12th of January 2004 and at that time the question whether defendant can be permitted to file the written statement after a period of 90 days prescribed by order VIII Rule 1 of the Civil Procedure Code having regard to the provisions of Rules 9 and 10 of Order VIII was referred to Larger Bench. It is pointed out that said question has already been decided. With the consent of parties, the matter is taken up for final hearing. The petitioner – defendant has pointed out that she instructed her counsel to file written statement and counsel avoided to do so. Hence she changed the counsel and filed written statement on record with a request to accept and it has been rejected. In the circumstances, it is apparent that the petitioner 2 cannot be said to be at fault hence written statement already filed on record is allowed to be accepted. The proceedings in R.C.S. No.1076/2002 are expedited and the Trial Court is directed to decide the same at the earliest. The impugned order dated 21/7/2003 passed below Exh.39 is accordingly quashed and set aside. Writ petition is allowed. No order as to costs. JUDGE Tambaskar.