Bharat Singh Vs. Karan Singh

Mediation Period is excluded from computing limitation for condoning delay in filing Written Statement

Introduction:The case Bharat Singh v. Karan Singh & Others revolves around a partition suit regarding two properties located in New Delhi and Chandigarh. The key issue pertains to the delay in filing the written statements by Defendant No.1 and Defendant No.4, and whether the time spent in mediation should be excluded from the 120-day limitation period for filing the written statement.The case is significant as it examines the applicability of procedural laws, particularly the Delhi High Court (Original Side) Rules, 2018, and the impact of mediation on litigation timelines.

Facts of the case:Bharat Singh (Plaintiff) filed a partition suit seeking division of two properties:House No. H-21, Green Park Extension, New Delhi (463 sq. yards).House No. 11, Sector 4, Chandigarh (3813 sq. yards).The Plaintiff sought a division by metes and bounds for separate possession of his share.

Summons and Initial Orders:Summons were issued on July 26, 2022, and the suit was registered. On September 28, 2022, Defendants requested legible copies of the plaint and documents, which were provided on October 3, 2022.Mediation Referral:On November 2, 2022, the Plaintiff suggested mediation, which the Defendants did not oppose.The Court referred the matter to the Delhi High Court Mediation and Conciliation Centre. The Court also allowed Defendants to file their written statements after mediation. Failure of Mediation and Delay in Filing Written Statements:Mediation failed on January 24, 2023. Defendant No.1 filed his written statement on April 9, 2023. Defendant No.4 filed her written statement on April 12, 2023. Both Defendants filed applications seeking condonation of delay (74 & 77 days respectively) under Order VIII Rule 1 of the CPC.

Rejection of Delay Condonation Application:On May 31, 2024, the Joint Registrar dismissed the applications, stating that the written statements were filed beyond the 120-day limit under the Delhi High Court (Original Side) Rules, 2018. The Defendants' written statements were taken off record, and Plaintiff’s documents were deemed admitted.

Appeals Against the Registrar’s Order:Defendants No.1 and 4 filed appeals challenging the rejection of their written statements.

Defendants’ Arguments (Seeking Condonation of Delay):the Defendants argued:Time Limit Should Exclude Mediation Period:The 120-day limit should exclude the period from November 2, 2022 (referral to mediation) to January 24, 2023 (failure of mediation). The clock for filing written statements should resume from January 25, 2023. Defendants Filed Within 120 Days (Excluding Mediation Period) If mediation time is excluded, their written statements were filed within the permissible period. Precedents Support Excluding Mediation Time:Telefonaktiebolaget L.M. Ericsson v. Lava International Ltd. (2015 SCC OnLine Del 13903):

Courts should exclude time spent in settlement talks while computing procedural deadlines.

Greaves Cotton Ltd. v. Newage Generators (P) Ltd. (2019 SCC OnLine Del 6556): Encouraged mediation as a mechanism to settle disputes, and held that filing pleadings during mediation may hamper the process.

Plaintiff’s Arguments (Opposing Delay Condonation):Time for Filing Started on October 3, 2022 The 120-day clock started when legible copies were served (October 3, 2022) and expired on February 1, 2023. Defendants filed their written statements in April 2023, beyond the deadline. No Power to Extend Beyond 120 Days:Delhi High Court (Original Side) Rules, 2018, Chapter VII, Rule 4 states: Written statement must be filed within 30 days (extendable up to 120 days but no further). Precedent: Ram Sarup Lugani v. Nirmal Lugani (2020 SCC OnLine Del 1353): No power to condone delay beyond 120 days. Mediation Does Not Stop Limitation Clock Charu Aggarwal v. Ashok Kalia (2023 SCC OnLine Del 1238):Time limits in procedural laws are mandatory, and mediation does not pause limitation.

Court’s Discussion on Judgments and Citations: Court Considered the Spirit of Mediation:Vikram Bakshi v. Sonia Khosla (2014) 15 SCC 80 emphasized that: Mediation ensures win-win solutions and avoids prolonged litigation. Parties should not be burdened with procedural formalities during mediation.

Court Distinguished Prior Precedents:Charu Aggarwal (2023) and Ram Sarup Lugani (2020) were not applicable because they did not consider whether mediation time should be excluded.Court Followed Telefonaktiebolaget L.M. Ericsson (2015) and Greaves Cotton (2019) Time spent in mediation should be excluded to uphold the spirit of Section 89 CPC.

Reasoning of the Judge:Mediation Period Excluded from Computation:The Court excluded time from November 2, 2022, to January 24, 2023 for written statement filing. Defendants’ Written Statements Were Filed Within 120 Days (Excluding Mediation Time).Defendant No.1 filed on April 9, 2023 (within 120 days). Defendant No.4 filed on April 12, 2023 (within 120 days). Court Allowed Written Statements Subject to Costs

Conclusion:The Delhi High Court set aside the Joint Registrar’s order and held that: Mediation time should be excluded from the 120-day limit.Defendants’ written statements were filed within the permissible period. The written statements were accepted, subject to a penalty cost.This judgment reaffirms that mediation should not be discouraged by procedural rigidity, and courts must adopt a practical approach to procedural timelines.

Case Title: Bharat Singh Vs. Karan Singh & Others

Date of Order: February 3, 2025

Case No.: CS(OS) 427/2022

Neutral Citation: 2025:DHC:777

Court: High Court of Delhi

Judge: Hon’ble Justice Subramonium Prasad

Advocate Ajay Amitabh Suman
[Patent and Trademark Attorney]
High Court of Delhi

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