ORDER :

1. This petition under Article 227 of Constitution of India has been brought being aggrieved by the order dated 22.06.2021 passed in Civil Suit No.01-B/2021, by the Criminal Court District-Raipur, C.G., by which the opportunity of the petitioner/defendants for filing written statement was closed.

2. It is submitted by the learned counsel for the petitioner that the respondent has filed a Civil Suit in No.01-B/2021 before the Criminal Court Raipur, C.G.. The petitioner/defendant received the summons on 6th January, 2021. The time for filing written statement was extended for 120 days which got expired on 06.05.2021. The case was listed on 15.04.2021 and on that date the case was fixed for arguments on the application under Section 10 read with Section 151 of C.P.C. and application under Order 38 Rule 5 read with Section 151 of C.P.C., on 22.06.2021. No last opportunity was given by the Commercial Court to the petitioner for filing of written statement and on 06.05.2021, the Court was closed due to the imposition of lock-down in corona pandemic control measure.

3. In the impugned order, the learned Commercial Court has held that according to the proviso under Order VIII Rule 1 o