Can Mediation Time Be Counted Out of the Limitation Period for Submitting Written Statements? Delhi High Court Rules.
The Delhi High Court has decided that the time spent in mediation can be excluded when calculating the deadline for submitting a Written Statement under the Delhi High Court (Original Side) Rules, 2018. This ruling came while the Court was reviewing Appeals from Defendants in a case related to Chapter II Rule 5 of the same rules. They were contesting a decision by the Joint Registrar that rejected their requests to extend the deadline for filing the written statement. Justice Subramonium Prasad noted, “The mediation ended on 24.01.2023. Defendant No.1 submitted a written statement on 09.04.2023, which is within the 120-day limit, and Defendant No.4 submitted his statement on 12.04.2023, also within 120 days, not counting the mediation period… Therefore, this Court will exclude the time from 02.11.2022 to 24.01.2023 when calculating the deadline.”
The Petitioner had Advocate Abhimanyu Mahajan representing them, while Advocate Utsav Trivedi represented the Respondent. The case was about dividing properties. During the hearing, the Defendants claimed that the copies of the plaint and documents were unclear. The Court then instructed the Plaintiff to provide clear copies to all Defendants within a week. At the Plaintiff’s request, the case was sent to the Delhi High Court Mediation and Conciliation Centre. The Defendants jointly requested to delay filing their written statements until after mediation, and this request was granted. However, the mediation did not succeed, and the Defendants submitted their written statements. They later filed an application under Order VIII Rule 1 of CPC to excuse a delay of 74 and 77 days in submitting these statements. The Joint Registrar rejected the delay applications, noting that the statements were filed well past the deadlines set by the CPC and the Delhi High Court (Original Side) Rules, 2018. The Joint Registrar also ordered that the written statements, along with the affidavit of admission/denial and submitted documents, be removed from the record, and the documents provided by the Plaintiff with the plaint were considered admitted under the relevant rules. Appeals were filed against these orders.
The Court recognized that the 120-day period is fixed and cannot be extended for filing written statements. The main issue was whether the time spent in mediation should be excluded from this period. The Court believed that requiring parties to submit written statements during mediation would hinder their ability to communicate openly, which has been difficult since the dispute began.
The Court stated that if parties are trying to mediate and resolve their issues, forcing them to file written statements would disrupt the mediation process and undermine its purpose, which is to find a fair solution that works for everyone involved. After careful consideration, the Court decided to exclude the mediation period when calculating the time limit. The appeals were resolved accordingly.
Cause Title: Bharat Singh vs. Karan Singh And Others (2025:DHC:777)
