Mr. L.N. Mittal, J.: (Oral) - Defendant Sandeep Kumar has filed this revision petition under Article 227 of the Constitution of India assailing order dated 03.11.2011, (Annexure P-1) passed by learned Additional Civil Judge (Senior Division), Karnal, thereby striking off defence of the petitioner for not filing written statement.

2. I have heard learned counsel for the petitioner and perused the case file.

3. Counsel for the petitioner prays that only one opportunity of short duration may be granted to the defendant-petitioner for filing written statement, on payment of cost.

4. I have carefully considered the aforesaid prayer.

5. Perusal of the impugned order reveals that defendant-petitioner put in appearance through counsel in the trial court on 23.05.2011 and availed of five opportunities, spread over more than five months, for filing written statement, but did not file the same till 03.11.2011, when the trial court was forced to pass the impugned order. Order 8 Rule 1 of the Code of Civil Procedure stipulates that the defendant has to file written statement within 30 days, but not later than 90 days from the date of service of summons. The said provision, being rule o