JUDGMENT

Navin Chawla, J. (Oral)

I.A. 5962/2023 & O.A. 31/2023

1. The above application, being I.A. 5962/2023, has been filed seeking condonation of 175 days delay in filing the above appeal, being O.A. 31/2023, which in turn challenges the order dated 07.09.2022 passed by the learned Joint Registrar (Judicial), closing the right of the defendant nos.1 and 2/applicants/appellants herein to file their written statement.

2. In the appeal, it is contended that the suit itself is not properly instituted inasmuch as the plaintiffs have not affixed the ad valorem Court Fee. It is further contended that the parties, being brothers and sisters, were trying to amicably resolve their disputes and for this reason, there was a delay in filing of the written statement.

3. It is further contended that the defendant no.2 is not well and it was he who was to instruct the counsel for preparing the written statement. He was in depression and got his leg fractured due to a road accident.

4. I am not impressed with the submissions made by the learned counsel for the defendant nos.1 and 2/appellants/applicants.

5. As far as the submission of non affixation of proper Court Fee on the plaint is concer