The High Court of Delhi has allowed an appeal to take on record a written statement filed beyond the statutory period of 120 days by excluding the period taken in mediation proceedings.
An appeal was filed challenging the order passed by the Joint Registrar, dismissing the condonation of delay in filing the written statement in a suit for partition filed among the family members.
The High Court while allowing the appeal appreciated the submission made by the counsel for the Appellant that if the written statement is filed before the mediation proceedings, then it will prejudice the mediation between family members.
In the said case, on 3 October 2022, summons were served and mediation proceedings were initiated between the parties on 3 November till 25 January 2023.
However, right after conclusion of mediation proceedings the statutory time period of 120 days, to file a written statement was expired on 31 January, 2023.
Thereafter, the Defendants filed their written statement along with application seeking condonation of delay on 19 April, 2023 i.e. after the expiration of 120 days from service of summons.
On 31 May 2024, The Joint registrar rejected the said application seeking condonation of delay in filing the written statement and struck off the defense by the Defendants. Aggrieved by the said order, the Defendants filed an appeal under Chapter II Rule 5 of Delhi High Court (Original Side) Rules, 2018 impugning the order passed by the Joint Registrar.
A single judge of Delhi High Court while taking the written statement on record, beyond 120 days, inter alia noted that in cases where the dispute is between family members, it will be in the interest of the parties if the written statement is filed after conclusion of mediation proceedings.
A single judge of the Delhi High Court excluded 84 days for which mediation proceedings were going on between the parties and took the written statement of record.
Utsav Trivedi, Himanshu Sachdeva, and Anudatt Dubey, Advocates for M/s TAS Law represented the defendant.
