JUDGMENT

Anup Jairam Bhambhani J.(Oral)

O.A. 21/2021

1. By way of the present appeal filed under Chapter II Rule 5 of the Delhi High Court (Original Side) Rules, 2018 read with section 151 of the Civil Procedure Code1908, the defendant/applicant seeks setting aside of order dated 23.10.2020 passed by the learned Joint Registrar, declining to take the defendant's written statement on record.

2. A brief timeline of the dates that are relevant to decide the present O.A. is as follows:

• 22.09.2018: Defendant was served summons in the suit.
• 16.10.2018: Counsel for the defendant appeared and was granted a week's time to file written statement.
• 01.11.2018: The format for affidavit of admission/denial was notified.
• 16.10.2018: Written Statement was attested by the defendant.
• 18.01.2019: Written Statement was filed for the first time vidi Diary No.83763 of 2019; however, without filing the affidavit of admission/denial of documents along with it.
• 19.01.2019: Period of 120 days from service upon the defendant expired.
• 29.05.2019: Affidavit of admission/denial of documents filed.

3. Ms. Renuka Arora, learned counsel appearing for the appellant/defendant, submits that, as is