JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Bombay High Court dismissing the Writ petition filed by the appellants questioning correctness of the order passed by the trial court rejecting the application for setting aside the order directing that no written statement was to be accepted and also not allowing the appellants who are the defendants in RCS No.99 of 2003 filed by respondent No.1 the plaintiff to file written statement. Rest of the respondents are the defendants in the suit. Admittedly an order was passed stating that the written statement was not filed within the period of 90 days. An application was filed alongwith the written statement with two prayers; first prayer was to set aside the earlier order relating to non-filing of the written statement and second to accept the written statement along with the application. The trial court held that in terms of the amended Order VIII Rule 1 of the Code of Civil Procedure, 1908 (in short the ‘CPC’), there was no scope for accepting a written statement filed beyond the fixed period of 90 days. The order was challenged before the High Court w