S.S. Jha, J.

1. This petition under Article 227 is filed by the defendant.

2. Respondent No. 1 has filed a civil suit for declaration, partition and permanent injunction. After plaint was filed, petitioner was noticed and after service of notice, petitioner has not filed the written statement. Petitioner then filed an application on 20th August, 2004 under Section 151, CPC and prayed that since he is serving at Delhi, therefore, he could not file written statement and counter claim. Counsel for the defendant has received the counter claim by courier, same be taken on record. Trial Court has rejected the prayer and refused to accept the written statement alongwith counter claim. Trial Court has recorded a finding that defendant No. 4 is present through his Counsel from 26-6-2003 but written statement and counter claim was submitted on 20th August, 2004 and written statement was not filed for about one year. Reason for not fling the written statement is that defendant is serving at Delhi and the reason has not been found suitable by Trial Court. Trial Court has considered the provisions of Code of Civil Procedure, wherein it is directed that written statement should be filed withi