KUMAR RAJARATNAM, J.

( 1 ) WITH the consent of the learned Counsel appearing on both sides, this petition is taken up for final disposal.

( 2 ) THE only question that arises for consideration in this petition is whether the Court can permit filing of written statement by the defendant beyond the period of 90 days from the date of service of summons.

( 3 ) ORDER VIII Rule 1 of Code of Civil Procedure (hereinafter referred to as Code) reads as follows:- 1. Written statement- The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence: * C. R. P. No. 363/2003 dated 17th April, 2003 provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.

( 4 ) THERE is a clear mandate under the Code that written statements must be filed within 30 days from the date of service of summons. The proviso to Order VIII Rule 1 indicates that where the defendant fails to file written statement within the said period of 30 days, the Court may allow him to file the same on some other day as may be specified by the Court for the reasons to be recorded in writing but which shall not be later than 90 days from the date of service of summons.

( 5 ) WHAT happens if the written statement is not filed within 90 days from the date of service of summons is clearly set out under order VIII Rule 10. Order VIII Rule 10 reads as under :- Procedure when party fails to present written statement called for by Court: where any party from whom a written statement is required under Rule 1 or Rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up. If no written statement is filed within 90 days, the Code mandates that the Court shall pronounce judgment against him or make such order as the Court thinks fit.

( 6 ) IN other words, the Code clearly indicates that if a case is made out in the plaint, the Court will have no alternative except to pronounce judgment. The words in Order VIII Rule 10 are to the effect that the Court shall pronounce judgment against him or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up.

( 7 ) AN amendment was brought to the Code of Civil Procedure reviewing Order VIII Rule 9 by Central Act 22 of 2002. The CPC amendment Act, 2002 came into force on 1st of July, 2002. By the amendment of Order VIII Rule 9, the following amendment was introduced under the nomenclature of subsequent pleadings. 9. Subsequent pleadings No pleading subsequent to the written statement of a defendant other than by way of defence to set off or counter-claim shall be presented except by the leave of the Court and upon such terms as the Court thinks fit; but the court may at any time require a written statement or additional written statement or from any of the parties and fix a time of not more than thirty days for presenting the same.

( 8 ) FROM a perusal of Order VIII Rule 9, it appears that the Court has got power under extraordinary and rare circumstances to require at any time written or additional written statements to be filed in a case within the outer limit of 30 days to be fixed by the Court. The question also arises for consideration as to whether Order VIII Rule 9 would relate only to set off and counter claim or would relate to other cases as well.

( 9 ) THE answer to this question need not detain us for too long. Order VIII Rule 9 consists of two parts viz. ,: (A) A party can file pleadings subsequent to the filing of written statement other tha

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