Judgment

Arijit Pasayat, J.—Leave granted.

2. Both the appeals involve identical issues except that appellant Shaikh Salim Haji Abdul Khayumsab was respondent No. 15 in the suit and appellant Kanti Lal was defendant No. 1.

3. Challenge in these appeals is to judgment rendered by a learned Single Judge of the Bombay High Court in WP Nos. 2500 and 2501 of 2004. The writ Petitions filed by the present appellants were dismissed by learned single judge holding that the trial court was right in its view that there was no scope for granting extension of time beyond the period of 90 days to file the written statement, in view of the amendment to the Code of Civil Procedure, 1908 (in short the ‘CPC’) by Civil Procedure Code (Amendment) Act, 1999 (in short the 1999 ‘Amendment Act’). Factual background needs to be noted in brief.

4. In a suit for partition, separate possession and perpetual injunction the appellants were arrayed as defendant Nos. 15 & 1. The suit filed by respondent No. 1 was Special Civil Suit No. 144 of 2003 in the Court of Civil Judge (Senior Division), Latoor. The appellants were summoned under Order V Rule 1 & 5 CPC on 21st October, 2003. They sought time to file the Written