petitioner for recovery of an amount of Rs.3,33,004/-. It is pleaded in the plaint that the parties were having commercial dealing of building material and after adjustment of their account, an amount of Rs.3,33,004/- remain outstanding against the defendant as on 31.03.2021. Despite repeated request made by the plaintiff, the defendant did not pay the said amount and then he filed the civil suit on 28.08.2021. The summons were served upon the defendant and he made appearance on 15.03.2023 before the trial court and sought time to file written statement. Though various opportunities were granted to the defendant to file his written statement, but in absence of filing of his written statement, vide order dated 13.12.2023, his right to file written statement have been forfeited. He would further submit that on 06.02.2024 the defendant filed his application for permission to file written statement and to recall the order dated 13.12.2023 along with his written statement, however, after hearing the parties, vide order dated 08.01.2025 the application for permission to file written statement has been rejected on the ground that despite sufficient opportunity granted to the defendant he has failed to file his written statement within stipulated time and therefore his right to file written statement have rightly been forfeited. He would further submit that filing of written statement provided under Order 8 Rule 1 CPC within a maximum period of 90 days from the date of service of summons is not mandatory, but it is directory. Instead of forfeiting the right of the petitioner to file written statement, the trial court may impose appropriate cost and adjourn the proceeding for filing of written statement. Forfeiting the right to file written statement would prejudice the defence of the defendant. The defendant has already filed the written statement which is available in the file and there is no delay tactic in the trial of the case. Therefore, he prayed for setting aside the impugned order and for a direction to the trial court to take the written statement of defendant on record and to proceed further with the suit. In
