Rebello, J.

Admit, Heard forthwith, Records and proceedings have been called.

2. This is a suit which was filed before the amendment to the Civil Procedure Code by the Acts of 1999 and 2002 which came into force on 1st July, 2002. One of us Rebello, J. in writ petition No. 209 of 2003 in the case of Jerry A. Braganza and others v. Smt. Rajeshree alias Rayeshri R. Broker and others, decided on July 10, 2003, has taken the view that strict compliance of the provisions of Order VIII of the CPC as amended would not apply to suits filed before the amendment, unless the Court notifies the parties that the written statement will have to be filed within a time frame of 30 days or extended time frame of 90 days. We may gainfully reproduce the discussion as under.

3. Having heard the counsel, the real issue would be whether on facts and circumstances of the present case, the trial Court has failed to exercise the jurisdiction vested in it and whether the order discloses an error apparent on the face of the record. On a suit being filed, summons have to be issued to the defendants by the Court. While considering the issue, which is in issue, provisions of the Code of Civil Procedure