I.A. Ansari, J.

1. I have heard Mr. Roy. learned Counsel for the Defendant-Petitioners, and Mr. S. Dutta. learned Counsel for Plaintiff-opposite party.

2. The opposite party hererin instituted Money Suit No. 20/09 for realization of money allegedly given, by way of loan, to the Defendants, who are Petitioners in this revision petition, summons were issued, on 28.10.2009 to the Defendant. The statutory period of 90 days, meant for filing of the written statement expired on 26-1-2010.

However on the basis of a petition filed by the Defendants, the learned Munsiff No. 1, Morigaon. passed an order, on 8-2-2010, allowing time to the Defendants up to 6-3-2010 to file their written statement. On the date so fixed, i.e. on 6-3-2010, the Defendants filed their written statement. Along with their written statement, the Petitioners also filed an application, under Section 5 of the Limitation Act, seeking condonation of delay in fling the written statement. This application, made under Section 5 of the Limitation Act, came to be registered as Misc. (J) Case No. 4/10. By an order, dated 11-3-2010, the learned Court below rejected the said application on the ground that the Defendants had fail