It has been contended by learned counsel for the petitionersdefendants that written statement was not filed within stipulated period of 90 days due to negligence on the part of lawyer engaged by petitionerdefendants, as he was under the impression that written statement would be filed after service of other defendants would be completed. It is further contended that though appearance was made on behalf of the petitionersdefendants through their counsel on 19.12.2008 and, however the case remained pending for service of remaining respondents-defendants and service was completed only on 11.5.2009, when the impugned order was passed. It is also contended that on that date, though written statement was filed by defendant no.1, however written statement was not filed by present petitioners-defendants as the same was not prepared by their counsel. It is further contended that their counsel requested a date, which was not granted. It is also contended that immediately thereafter, he filed an application for recalling of the said order, however, the same was dismissed by learned trial Court. It is also contended that provision of Order VIII Rule 1 of the Code of Civil Procedure is directory in nature and not mandatory. It is also contended that petitioners-defendants cannot be made to suffer due to negligence on the part of their counsel, as petitioners were not aware that written statement was to be filed within 90 days, even though other defendants were not served.
