Brief Facts
The case concerns a partition dispute over two properties located in Green Park Extension, New Delhi, and Sector 4, Chandigarh. The plaintiff, Bharat Singh, sought partition by metes and bounds for independent possession of his share. The dispute arose when Defendants No.1 and 4 delayed filing their written statements beyond the initial 30-day period, leading to the question of whether the time spent in mediation should be excluded from the limitation period.
Issues
The primary issue before the court was whether the period spent in mediation should be excluded from the 120-day limitation period for filing the written statement under the Delhi High Court (Original Side) Rules, 2018. Another issue was whether the court had the discretion to condone the delay and allow the written statements beyond the prescribed period.
Submissions of Parties
The defendants argued that the timeline for filing their written statement commenced on October 3, 2022, when they received legible copies of the plaint. They contended that the court's order referring the matter to mediation halted the limitation period, which resumed only after the mediation failed on January 24, 2023. They maintained that their written statements, filed in April 2023, were within the 120-day window. The plaintiff opposed this stance, asserting that the time spent in mediation should not pause the limitation clock and that written statements filed beyond the prescribed period could not be accepted under the court's rules.
Reasoning and Analysis of the Judge
The court examined the legal framework under the Delhi High Court (Original Side) Rules, 2018, which mandates that a written statement must be filed within 30 days of service, with an extension of up to 120 days under exceptional circumstances. The judge analyzed judicial precedents emphasizing the significance of mediation in dispute resolution and held that forcing parties to file pleadings during mediation would defeat its purpose. Relying on previous judgments, the court determined that the mediation period should be excluded from the limitation computation. It also considered whether the defendants had valid reasons for the delay beyond 30 days and found that their explanations were satisfactory.
Decision of the Judge
The court ruled that the time spent in mediation should be excluded while computing the limitation period for filing the written statement. Since the written statements of Defendants No.1 and 4 were filed within 120 days, they were allowed on the condition that the defendants pay costs of ₹5,000 to the Armed Forces Battle Casualties Welfare Fund. The appeals were disposed of accordingly.
Case Title: Bharat Singh v. Karan Singh and 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 Mr. Justice Subramonium Prasad
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