Delhi High Court Ruling Excludes Mediation Time in Written Statement Filing
The Delhi High Court has made a significant observation which could streamline the legal process by excluding the time spent during mediation from the limitation period for filing written statements under the Delhi High Court (Original Side) Rules, 2018.
Court Stands Behind Mediation’s Spirit
In a landmark decision, Justice Subramonium Prasad noted that requiring parties to file written statements during mediation could impede the mediation process and thwart its goals. “The spirit of mediation is to ensure a just solution acceptable to all parties involved, which can only be achieved if the parties communicate freely without prejudice,” he elucidated.
The Legal Challenge
The Court was tasked with examining the appeals of defendants 1 and 4 against a Joint Registrar’s order that dismissed their applications seeking condonation of delay in filing their written statements. The case was initiated as a suit for partition of certain properties, and mediation was referred on November 02, 2022.
Mediation’s Impact on Filing Deadline
The mediation process failed on January 24, 2023, and the defendants subsequently filed their written statements, accompanied by applications for condonation of delay of 74 days and 77 days, respectively. The Joint Registrar dismissed their requests on the grounds that the submissions were beyond the period stipulated by the Code of Civil Procedure (CPC) and the Delhi High Court (Original Side) Rules.
The Legal Backbone
Rule 2 of Chapter VII of the Delhi High Court (Original Side) Rules, 2018 mandates that a written statement must be filed within 30 days of the plaint being served. Rule 4 allows an extension up to 120 days in total. The plaintiff argued that the court had no power to condone delays beyond this period.
Justification for the Court’s Decision
The High Court, however, ruled that the stipulated time should not apply during the mediation process. It acknowledged that efforts to settle disputes through mediation align with the aims of Section 89 of the CPC, which encourages alternate dispute resolution methods.
Case Law Influence
In its judgment, the Court referred to the Supreme Court’s decision in Vikram Bakshi and Others v. Sonia Khosla (2014), which underscored the importance of mediation as a means to achieve early resolution of disputes.
The Final Ruling
Justice Prasad reasoned that compelling parties to file written statements during mediation would undermine the process, potentially weakening efforts toward a peaceful resolution. The court condoned the delay for defendants 1 and 4 in filing their written statements, subject to paying Rs. 5000 to the ‘Armed Forces Battle Casualties Welfare Fund’.
“Since the time spent in mediation has been excluded, and the written statement was filed within the maximum period of 120 days, this court is inclined to accept the written statements filed by the defendants, subject to the payment of costs,” clarified Justice Prasad.
Implications and Future
This judgment paves the way for more flexible legal proceedings, where mediation’s valuable role in resolving conflicts is not compromised by procedural strictures. By excluding mediation time from the limitation period, the Delhi High Court encourages active, uninterrupted engagement in the mediation process.
Details of the Case
Case Title: Bharat Singh vs. Karan Singh & Ors. (CS(OS) 427/2022 & I.A. 11530/2022, I.A. 39184/2024, I.A. 39185/2024)
Counsel for Plaintiff: Mr. Abhimanyu Mahajan, Mr. Abhimanyu Walia, Ms. Anubha Goyal, Mr. Tanishq Sirohi, and Ms. Ishani Pillai, Advocates.
Counsel for Defendants: Mr. Utsav Trivedi, Mr. Himanshu Sachdeva, and Mr. Anudatt Dubey, Advocates for Defendant No. 1.; Ms. Chand Chopra and Ms. Neha Bhupathiraju, Advocates for Defendant No. 2.; Mr. Saurav Agrawal, Ms. Sunanda Tulsyan, Mr. Anshuman Choudhary, and Mr. Akhil Sachar, Advocates for Defendant No. 4.
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