Prakash Tatia, J.-Heard learned Counsel for the petitioner.

2. The petitioner/plaintiff says that the delay with which he has raised objection is immaterial and the delay which was committed by the respondent/defendant in contesting the suit is more material to the extent that the defendant may be deprived from raising of the defence in a civil suit.

3. This has happened because of the fact that as per Rule 1 of Order 8 CPC, the defendant is required to file written statement within thirty days from the date of service of summons on him. Proviso to Rule 1 of Order 8 CPC provides that in case, the defendant fails to file the written statement within thirty days period from service of summons upon him, he can be allowed to file the written statement only upto the period of ninety days that too from the date of service of summons only. That is not enough but for that purpose, the defendant is required to satisfy the Court by showing reasons for not filing the written statement within thirty days as provided under Rule 1 of Order 8 CPC.

4. In this case, the relevant dates are that the defendant was served with summons on 21.04.2004, therefore, he could have submitted written s