ORDER (Oral)

1. In view of the limited nature of the controversy involved, short notice had been issued in the present petition on 16th September 2022, returnable today with the specific observation that the matter would be taken up and decided today.

2. Despite the matter having been called out twice, there is no appearance on behalf of the respondent. I have accordingly heard Mr. Sumit Rajput, learned Counsel for the petitioners and have perused the record.

3. This petition under Article 227 of the Constitution of India, assails order dated 17th August 2022 passed by the learned Additional District Judge ("the learned ADJ") in CS DJ 577/2021 (Rajesh Garg v. Vipin Garg). By the said order, the learned ADJ has refused to take on record the written statement filed by the petitioners, as the defendant in the suit, on 1st June 2022.

4. Summons in the suit were received by the petitioners on 9th February 2022. Order VIII Rule 1 of the CPC postulates 30 days for filing a written statement, extendable by 90 days on sufficient cause being shown in that regard, for reasons to be recorded in writing. Learned Counsel for the petitioners acknowledges the fact that no application was t