JUDGMENT

Mini Pushkarna, J.

I.A. No. 15134/2019 (application under Section 151 of Code of Civil Procedure, 1908 (CPC) for condonation of delay in filing the appeal)

1. For the reasons as stated in the application, delay of 42 days in filing the present appeal is condoned.

2. Application is accordingly disposed of.

OA No. 129/2019, I.A. No. 15132/2019

Introduction

3. The present Original Appeal has been filed on behalf of defendant no. 1 in the suit i.e. Indian Oil Corporation Limited under Chapter II Rule 4 and 5 of the Delhi High Court (Original Side) Rules, 2018 ("DHC Rules, 2018") read with Section 151 of the Code of Civil Procedure, 1908 ("CPC") for setting aside the order dated 26th August, 2019 passed by learned Registrar in the suit i.e. CS (COMM) No. 844/2017. By way of the impugned order, the learned Registrar has struck off the written statement filed on behalf of Appellant/defendant no. 1 on the ground that the same had been filed without affidavit of admission/denial and beyond the statutory period of limitation.

Facts

4. Facts and dates relevant for the disposal of the present appeal are as under:

4.1. 24th November, 2017 - The suit was filed by the plaintiff on 24th November, 2