The time for filing written statements is governed by the Delhi High Court Rules, and while the 120-day limit is strict, time spent in mediation is excluded from this period.

JUDGMENT :

O.A. 131/2024 & O.A. 155/2024

1. The present appeals have been filed by Defendants No.1 and 4 respectively under Chapter II Rule 5 of the Delhi High Court (Original Side) Rules, 2018 challenging an Order dated 31.05.2024 passed by the learned Joint Registrar dismissing the applications filed by the Applicants/Defendants No.1 and 4 seeking condonation of delay in filing the written statement.

2. The present suit is one for partition qua properties being House No.H- 21, First and Second Floor, Green Park Extension, New Delhi-110016 on a plot admeasuring 463 square yards and House No.11, Sector 4, Chandigarh admeasuring 3813 square yards (hereinafter referred to as "Suit properties") by metes and bounds for separate and independent possession of the share of the Plaintiff.

3. Summons was issued and the plaint was registered as a suit by this Court vide Order dated 26.07.2022. On 28.09.2022, during the course of hearing, it was submitted by the Defendants that the copies of plaint and documents are not legible and accordingly this Court vide Order dated 28.09.2022 had directed the Plaintiff to supply the legible copies of the plaint and documents to all the Defendants within one week.

4. The legible copies of the plaint and documents were received by the Defendants on 03.10.2022. On 02.11.2022, during the course of hearing, it was submitted by the Plaintiff that the matter can be referred to mediation. This submission was not opposed by the Defendants and accordingly, the matter was referred to Delhi High Court Mediation and Conciliation Centre. It was jointly submitted by the Defendants that since the matter is now being referred to mediation, they may be allowed to file their written statement only after the mediation proceedings are completed. Vide Order dated 02.11.2022, the request of the Defendants for deferring the filing of the written statement was accepted by this Court. The Order dated 02.11.2022 reads as under:

“1. The present suit is for partition.

2. Learned Counsel for plaintiff submits that the matter can be referred for mediation as there are chances of amicable settlement.

3. Learned Counsels for other parties submit that they have no objection if the matter is referred for mediation.

4. With the consent of all the parties, the matter is referred to Delhi High Court Mediation and Conciliation Centre on 15.11.2022.

5. Learned Counsels for defendants jointly submit that since the matter is now being referred to mediation, they may be allowed to file their written statement only after the mediation proceedings are completed. Learned Counsel for defendant no. 2 submits that written statement on behalf of defendant no.2 has already been filed. Request on behalf of defendants is recorded by this court.

6. Learned Counsel for plaintiff submits that they have not received copy of written statement filed on behalf of defendant no. 2.

7. Let copy of written statement be supplied by defendant no.2 to learned counsel for plaintiff.

8. List before the court on 25.01.2023.”

5. The mediation proceedings failed, which was recorded in the proceedings dated 24.01.2023. Defendant No.1 filed his written statement on 09.04.2024. Defendant No.4 filed her written statement on 12.04.2023. The Applicant/Defendant No.1 filed an IA being No. 7900/2023 under Order VIII Rule 1 of CPC seeking condonation of delay of 74 days in filing the written statement and Applicant/Defendant No.4 filed an IA being No. 10408/2023 under Order VIII Rule 1 of CPC seeking condonation of delay of 77 days in filing the written statement.

6. The Ld. Joint Registrar vide Order dated 31.05.2024 dismissed the applications for condonation of delay and observed that the written statements have been filed much beyond the period prescribed in the CPC as well as Delhi High Court (Original Side) Rules, 2018. The Ld. Joint Registrar further ordered that the written statements along with affidavit of admission/denial and documents filed by the Applicant/Defendant No.1 and 4 be