Rakesh Kumar Jain, J.

1. Plaintiffs have filed this revision petition against the order of Addl. Civil Judge (Senior Division), Amloh, dated 16.9.2010 by which an application filed by them for striking off defence of the defendants for not filing the written statement within 30 days as provided under Order 8 rule 1 of Code of Civil Procedure, 1908 (for short, CPC) has been dismissed.

2. Plaintiffs filed a suit for partition in which the defendants were allegedly served on 30.1.2006. They filed an application on 21.7.2006 for striking off defence of the defendants in not filing the written statement within 30 days much-less 90 days as provided under Order 8 Rule 1 of the CPC.

3. The application was contested by the defendants by way of reply dated 23.8.2006 in which it was alleged that they have not adopted any dilatory tactics by not filing the written statement because they had already filed an application under Order 7 Rule 11 of the CPC for rejection of plaint which was not decided.

4. The trial Court, vide its impugned order, observed that the defendants were bonafidely pursing their application filed under Order 7 Rule 11 of CPC which was decided on the same date i.e.