ORDER :

Ashok Kumar Gaur, J.

1. The instant writ petition has been filed challenging the order dated 26th May, 2009 whereby the Court below has permitted the written statement to be filed beyond the period of 90 days.

2. Learned counsel for the petitioner - Mr. Manish Kumar Sharma submitted that the Court below has committed illegality in permitting the written statement to be filed beyond 90 days, as Order 8 Rule 1 CPC provides that written statement is required to be filed within 90 days.

3. Learned counsel for the petitioner further submitted that the Court below has not considered that an application to explain the delay taken in filing the written statement, was not filed at all.

4. Learned counsel submitted that in absence of such application, the Court below could not have permitted filing of written statement beyond the prescribed time.

5. Learned counsel submitted that the order, which has been passed, suffers from serious legal infirmity and the defendants should not be permitted to file written statement, if they were not vigilant and did not comply with the time prescribed to file written statement.

6. Learned counsel for the petitioner has placed reliance on the judgment of t