JUDGMENT : ALOK SHARMA, J. Under challenge is the order dated 9-8-2017 passed by the District Judge Jhunjhunu dismissing petitioner-defendant (hereinafter ‘the defendant’) application and closing the right of filing written statement to the suit for cancellation of sale-deed filed by the respondent-plaintiff (hereinafter ‘the plaintiff’). 2. Having heard counsel for the defendant and perused the impugned order as also other documents annexed thereto, I of the considered view that the defendant should have first moved an application for recall of the order dated 9-8-2017 before the trial court to bring to its notice the extraordinary circumstances in which he could not file the written statement within thirty days from the date of service of summons in the suit in the first instance and thereafter within sixty days as provided under Order 8 Rule 1 CPC. The trial court would then consider as to whether there were any special circumstances justifying failure of defendant to file written statement within prescribed time of 90 days from service of summons. 3. Consequently, I am not inclined to entertain the petition. 4. The petitioner shall however be at liberty to move an application before the trial court for recall of the order dated 9-8-2017 bringing on record the special circumstances resulting in his failure to file written statement within the time prescribed. The trial court is directed to consider the application and pass a reasoned order one way or the other without being influenced by the liberty granted by this court. 5. The petition stands disposed of accordingly.