KARAMJIT SINGH, J.

Present revision petition has been filed by the petitioner against order dated 6.4.2022 (Annexure P-6) passed by the Court of Civil Judge, Junior Division, Panipat vide which prayer of the petitioner for grant of one more opportunity to file written statement in the civil suit titled Sunil Kumar v. Uttar Haryana Bijli Vitran Nigam Limited and others, has been declined.

2. Counsel for the petitioner submits that provision of order 8 Rule 1 CPC is not mandatory in nature, it being procedural. He further submits that Hon'ble Apex Court in Sambhaji and others v. Gangabai and others; Civil Appeal No.6731 of 2008 decided on 20.11.2008 has observed that procedural law should not ordinarily be construed as mandatory, the procedural law is always subservient to and is in aid to justice and further held that the trial Court can accept written statement even after lapse of 90 days. So, prayer is made that one more opportunity be given to the petitioner to file written statement.

3. Present petition is resisted by counsel for respondent No.1 who submits that already sufficient opportunities were availed by the petitioner to file its written statement and even cost was imposed b