JUDGMENT :

Jayant Nath, J.

By this judgment I will decide the objection raised by the plaintiff, namely, that the written statement of the defendants cannot be taken on record and the same be taken off the record. It was agreed that the issue as to whether the written statement is filed within the limitation period may be adjudicated upon on the basis of the submissions made in court. There is no formal application on record by the defendant for condonation of delay in filing the written statement inasmuch as the stand taken by the defendant was that the summons had not yet been served on the defendant.

2. The above suit came up for the first hearing before this court on 28.08.2018. The defendants entered appearance on that date itself perhaps having seen the matter in the list on that date. Learned counsel for the plaintiff had requested for a short adjournment on the ground that there is a possibility of settlement between the parties.

3. On the next date when the matter came up i.e. on 24.09.2018, a submission was made by the learned counsel for the parties that they would like to try and settle the matter through mediation. Parties were directed to appear before the Delhi High Cour