( 1 ) DEFENDANT No. 1 in Civil Suit no. 375 of 2002 pending in the Court of Ad hoc Additional District Judge, Fast Track court No. 1, Cuttack has filed this writ application challenging the order dated 4th november, 2004, passed by the Court below rejecting the Written Statement filed by the said defendant on the ground that the same was filed much beyond the time stipulated under Order 8, Rule 1 of the Civil Procedure Code (in short 'c. P. C. ' ). From the order sheet of the suit it appears that the notice was served upon the defendants fixing 20-1-2003 as the date of appearance. The petitioner appeared on the said date and filed a petition praying to grant some time to file written statement. The Court on being satisfied that there was sufficient grounds, granted time to file written statement. Thereafter on several other subsequent dates defendant No. 1 filed petitions for time to file written statement on the grounds mentioned therein. The Court on being satisfied that there were sufficient grounds, granted time to the petitioner to file written statement by 12-10-2004 and on the said date the defendant No. 1 filed written statement. Thereafter a petition was filed by the plain