The provisions of the Code of Civil Procedure regarding filing written statements are directory, allowing courts discretion to extend time under exceptional circumstances.

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1. The present petition under Article 227 of the Constitution of India has been filed impugning the order dated 23.05.2022 passed by the Additional District Judge-02, North District, Rohini Courts, Delhi (hereinafter referred as „Trial Court‟) in CS DJ No.29/2021 titled as “Usha Garg vs Anil Kumar Aggarwal & Ors” whereby the petitioner‟s application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter “CPC”) was dismissed. The respondent herein is the plaintiff and the petitioner is the defendant no.1 before the learned Trial Court.

2. Pertinently, apart from dismissing the application under Order VII Rule 11 CPC, the learned Trial Court had also closed the right of the petitioner to file the written statement. However, before this Court on 18.07.2022, the learned counsel for the petitioner has restricted his relief to

the prayer for being permitted to file his written statement in response to Civil Suit bearing CS DJ No. 29/2021 instituted by the respondent against the petitioner and thereby forego his right to challenge the order of dismissal of his application under Order VII Rule 11 of the CPC.

3. A brief factual background of the case is that the petitioner married the respondent no.1 on 08.05.1990 and two children were born out of the wedlock. Thereafter differences arose in the marriage and the petitioner and the respondent no.1 proceeded to institute proceedings against each other. Petitioner file a petition under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 . The respondent no.1 instituted proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and a Civil Suit for permanent injunction, which came to be disposed of by the learned Family Judge on 05.02.2020.

4. The petitioner was the owner of the property bearing No.D-63, Second Floor, Bhagat Singh Road, Adarsh Nagar, New Delhi 110033. The petitioner vide a sale deed dated 06.12.2019, sold the said property to the respondent no.2. The sale deed came to be registered on 07.12.2019. On 09.02.2021, the respondent no.2 filed a civil suit against the petitioner and respondent no.1 bearing CS No.100/2021.

5. Thereafter on 14.01.2021, the respondent no.1 filed a suit for declaration and permanent injunction bearing CS DJ No.29/2021, against the petitioner and the respondent no.2. The respondent no.1 sought a (i) decree of declaration thereby declaring the sale deed dated 06.12.2019 null and void and unenforceable on the respondent/plaintiff as well as a (ii) permanent injunction in favour of the respondent/plaintiff against the defendants restraining them from dispossessing the respondent/plaintiff

without adopting the due course of law.

6. Notice of the suit was issued to the petitioner and the respondent no.2

vide the order dated 18.12.2021. It is stated by the petitioner that the respondent no.1 intentionally gave the wrong residential address of the petitioner, while knowing the correct address erstwhile. On 05.03.2022, the petitioners/defendants were directed to file their written statements as well as a reply to the application under Order XXXIX Rule 1 & 2. Thereafter the matter was adjourned to 23.05.2022 and on 23.05.2022, the petitioner filed an application under Order VII Rule 11 read with Section 151 of the CPC for the dismissal of the suit filed by the respondent no.1.

7. Vide the impugned order, the learned Trial Court dismissed the application filed by the petitioner under Order VII Rule 11 read with Section 151 of the CPC. The learned counsel for the petitioner submits that the relationship between the petitioner and the respondent no.1 has arisen out of marriage and that the learned Trial Court has failed to consider Section 7 of the Family Court Act, 1984 and thereby exceeded its jurisdiction by dismissing the petitioner‟s application.

8. The learned counsel for the petitioner submits that the learned Trial Cour