Written statement has been filed though belatedly, however, the Trial Court has refused to take it on record as per impugned order (P-8) dated 2.1.2003. Relying on the provisions of Order 8 Rule 1, Civil Procedure Code, the Trial Court felt bound by the limitation of 30 days and not beyond 90 days prescribed in Order 8 Rule 1 of the Civil Procedure Code.

Order 8 Rule 1 of the Civil Procedure Code is quoted below :-Written Statement. -- The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence:

Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.

Order 8 Rule 1 requires the defendant to file the written statement within thirty days from the date of service of summons on him. In case he fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be spe