Honble PASAYAT, J.–Leave granted.

(2). Order passed by a learned Single Judge of the Patna High Court is the subject-matter of challenge in this appeal. By the impugned order the learned Single Judge found no substance in the plea of the appellant that there was non-compliance with the requirements of Order VIII Rule 1 of the Code of Civil Procedure, 1908 (in short CPC) as amended by the Code of Civil Procedure (Amendment) Act, 2002 (in short the Amendment Act).

(3). Factual position is almost undisputed and, therefore, need not be elaborated. Respondent was served with summons issued by the trial Court on 10.11.2003 and the written statement was filed on 10.7.2004. According to the learned counsel for the appellant, the written statement should not have been entertained as it was filed beyond 30 days (which is the normal period) and even beyond 90 days which is the maximum period. By order dated 12.8.2004 learned Subordinate Judge accepted the written statement which had been filed and rejected the prayer of the appellant to reject the written statement filed. According to the appellant after amendment of CPC the Court has no discretion to extend the period for filing the written st

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