Hon’ble Sunil Hali, J.—Grievance of the petitioners is that the Trial Court has refused to take written statement on the ground that the same has not been filed within thirty days from the date summons were received. Power to grant extension of time vests with the Court which cannot be extended beyond period of 90 days. Petitioners appeared on 9.3.2004 and they were required to file written statement within thirty days, however, they are said to have filed written statement on 18.10.2004 and their application has been rejected by the learned Trial Court solely on the ground that the petitioners have admitted that they have filed written statement beyond period of 90 days. The plea taken by the petitioners is that the time starts running from the date summons were received by the petitioners. However, petitioners had filed a caveat application which date cannot be construed for the purpose of filing the written statement.

2. The short submission of the petitioners is that the provision of Order VIII Rule 1 of the Code of Civil Procedure 1908 are not mandatory but directory in nature. Proviso to Order VIII Rule 1 provides the Courts power to grant extension but not beyond 90