1. The revision petition has been filed against the order dated 26.8.2004 passed in Title Suit No. 59 of 2003 whereby the written statement filed by the defendant- petitioners on 18.5.2004 has not been accepted.

2. The relevant facts of the case are that the above mentioned suit was filed by the opposite party for declaration of title. The petitioner nos. 1, 3 and 4 appeared in the suit on 25.8.2003. The petitioner no. 2 appeared in the suit on 12.1.2004. The written statement was filed by them on 18.5.2004. The plaintiff filed a petition on 24.7.2004 not to accept the written statement filed by the petitioners. The court by the impugned order passed an order to the effect that the written statement filed by the petitioners, which is on record, is not accepted.

3. The submission of the learned Counsel for the petitioners is that the delay in filing the written statement was because of the fact that wife of petitioner no. 4 was seriously ill. She was suffering from heart disease and as such entire family was disturbed. Therefore, the written statement could not be filed within time. On the other hand, learned counsel for the opposite party contended that the written statement has been filed much after expiry of 90 days and it is violation of the mandatory provision of the Code of Civil Procedure. The reason stated for delay in filing the written statement is not cogent. Even if the court allowed the revision petition, heavy cost should be awarded.

4. Upon hearing learned counsel for the parties this much is obvious that the written statement was filed much after 90 days from the date of their appearance. The reason for delay in filing the written statemerit is that wife of petitioner no. 4 was suffering from serious ailment i.e. heart disease. She is still under treatment and because of the said reason the written statement could not be filed within time. However, the written statement was filed on 18.5.2004 which was accepted and the same is on record. A petition was filed on 24.7.2004 by the opposite party not to accept the written statement. Obviously, there was also delay in filing such petition by the opposite party. Order VIII Rule 1 is specific on the point which says that it should be filed within 90 days. However, it is a procedural law and it is always used in aid of justice. Moreover, petitioners were not debarred from filing written statement earlier.

5. Thus, the civil revision petition is allowed. The order impugned is hereby set aside subject to payment of cost of Rs. 5,500/- to the opposite party and filing of receipt in proof of payment within a period of six weeks from today. In case payment/ deposit is not made within the time stipulated in the order, this order will be non-est. In case deposit is made, the opposite party shall be entitled to withdraw the same.