applicability of Or 8 R 1in case of petition under Or 6 R 1

dear members,    a petition has been filed before a civil judge (sr div) for change of territorial jurisdiction after delay of 240 days and with the plea that since prayed for change of jurisdiction so written statement not filed. the suit is in a pretrial stage.after amendment of cpc 2002   cut off date is 90 days for submission        (  Or 8 R 1) of w/s and departure from     that  is an exception in the domain of procedural law.can the case be heard ex party?