Code of Civil Procedure, 1908–Order 8, Rule 1–Written statement filed by plaintiff in answer of counter claim filed by defendant–Whether the provision of limitation of 90 days could be applied ?–Held, no–Counter claim is governed by sub-rule (3), Rule 6-A, Order 8 and the time may be fixed by the Court–In the instant case, no time was fixed by trial Court to file the written statement–Hence it could not refuse to take the written statement after 20 months–Impugned order set aside and written statement is taken on record.
