JUDGMENT : Defendants have preferred this writ against the order dated 04.01.2005 passed by learned Munsif, Giridih in Title Suit No.193 of 2003 whereby the court below has refused to accept the written statement filed by the defendants filed alongwith other defendants and also prayed to accept the written statement filed by the defendants. 2. It is not necessary to state the pleading of the plaintiff as the written statement filed by the defendants have been refused to be accepted by the court below. 3. Learned counsel for the petitioners submits that due to non service of summon on the defendant nos.2, 10, 19, 20, 25, 28, 29, 33, 42, 43 & 44, the court below directed the plaintiff to take steps for substituted service of notice and thereafter notice was published in the local newspaper on 09.06.2004 and in the notice, direction was given to the defendants to appear in the court below on 14.06.2004 but due to some unavoidable reasons, the above defendants appeared in court on 04.10.2004 and filed their written statement which was kept on record by the order of the court. Learned counsel further submitted that the provisions as contained in Order VIII Rule 1 C.P.C. is not mandatory rather directory and the Hon'ble Supreme court have already settled that court is not barred to condone the delay if some reasonable cause has been shown in filing written statement beyond statutory period of 90 days. Hence, the order of not accepting the written statement is bad in law and is fit to be set aside. 4. On the other hand, learned counsel for the plaintiff-opposite party opposed the prayer on the ground that the court below has rightly rejected the prayer of the defendants as the same was filed beyond the statutory period of 90 days. 5. On perusal of records and the necessary Annexures enclosed with this petition, it appears that notice was published in the newspaper Dainik Jagran on 09.06.2004 with direction to the defendants to appear in court on 14.06.2004 and thereafter the defendants appeared in court on 04.10.2004 alongwith the written statement and filed a petition to accept the same. 6. 5. On perusal of records and the necessary Annexures enclosed with this petition, it appears that notice was published in the newspaper Dainik Jagran on 09.06.2004 with direction to the defendants to appear in court on 14.06.2004 and thereafter the defendants appeared in court on 04.10.2004 alongwith the written statement and filed a petition to accept the same. 6. Apparently, the written statement filed on behalf of the petitioners was not filed within the statutory period of 90 days rather it was filed beyond that period but the court below failed to consider that the said statutory period is not mandatory rather it is well settled that the court has every jurisdiction to accept the written statement even filed beyond statutory period if some reasonable explanation has been given. 7. In view of the discussions made above, the order impugned dated 04.01.2005 passed by learned Munsif, Giridih in Title Suit No.193 of 2003 is set aside. The court below is directed to accept the written statement filed by the defendants-petitioners on payment of cost of Rs.1000/ (One thousand) to the plaintiff. 8. It appears that the said suit was filed in the year 2003. Hence, the court below is directed to expedite the suit. 9. With this direction, this writ application is, hereby, allowed.