1. This application under Article 227 of the Constitution of India is directed against an order being No. 16 dated 7th August, 2008 by which the defendant's prayer for acceptance of the written statement was rejected by the learned Trial Judge.

2. On perusal of the order-sheet relating to the said 3uit, this Court finds that though the defendant/petitioner filed his application under section 7(2) of the West Bengal Premises Tenancy Act, on 21st March, 2007 but he did not file arty written statement in the suit till 2nd July, 2008. It, further, appears from the order-sheet that time for filing written statement was extended from time to time on the prayer of the defendant and last of such extension was granted on 16th August, 2007 whereby the petitioner was permitted to file written statement on 31st August, 2007. The petitioner did not file any written statement on the said date. The petitioner also did not take any further step for extension of time for filing written statement.

3. Under such circumstances, the suit was fixed for ex parte hearing.

4. Ultimately, the petitioner filed the written statement on 2nd July, 2008. Subsequently, the petitioner also filed an applicatio