Judgment Prakash Tatia, J.-Heard learned counsel for the parties. 2. The petitioner is aggrieved against the order dated 17.07.2004 by which the trial court refused to extend time for filing the written statement even by one day. The trial court observed that the reason given for extension of time by the defendant is not sufficient. 3. The summon was served upon the defendant on 30.03.2004. The date for filing the written statement was fixed as on 06.07.2004. During this period, the period of 90 days expired which is the outer limit for filing the written statement by showing sufficient reasons for not filing the written statement. If the petitioner would have filed the written statement on 05.07.2004, it would have been within time as it was the opening day after summer break. In these facts, the petitioners right to file written statement has been denied by the trial court as it was filed on 06.07.2004 which is the date fixed in the case. In view of the above, this writ petition is allowed and the order dated 17.07.2004 is set aside. The written statement already filed by the defendant/ petitioner is taken on record.