1. This civil revision petition arises out of order, dated 18.02.2011, in I.A.No.728 of 2010 in O.S.No.137 of 2010 on the file of the learned Principal Junior Civil Judge, Miryalaguda.

2. The petitioners are the defendants in the suit filed by the respondent for perpetual injunction. The suit summons were served on the petitioners on 31.07.2010. The petitioners filed a detailed counter affidavit in the IA filed by the respondent for temporary injunction on 06.08.2010. Even though the petitioners were required to file the written statement within 90 days of service of summons as envisaged in Order VIII Rule 1 of CPC, they have failed to file the written statement within the stipulated time and as such, their right to file the written statement was forfeited on 21.12.2010. Therefore, the petitioners filed I.A.No.728 of 2010 under Section 151 CPC to receive the written statement. The trial Court on considering the rival pleas of the parties rejected the said application by the order under revision.

3. A perusal of the impugned order shows that the trial Court has observed that the reasons put forth by the petitioners, namely, that petitioner No.1 fell ill due to jaundice