Written statements cannot be accepted beyond the mandatory 120-day period under the Original Side Rules.

The plaintiff instituted CS(OS) 450/2025 against the defendants. Defendant No. 2 was duly served with summons, as recorded in the order dated 08.10.2025, but did not file a written statement within the prescribed period.

By order dated 01.04.2026, the Joint Registrar (Judicial) closed the right of Defendant Nos. 2 and 4 to file their written statements and proceeded against them ex parte.

Defendant No. 2 challenged that order by filing O.A. No. 240/2026 under Rule 5, Chapter II of the Delhi High Court Original Side Rules, 2018.

She sought condonation of a 93-day delay in filing the appeal and a four-day delay in re-filing it.

Her explanation was that she had been outside India and was undergoing bereavement following the death of her mother; she claimed to have engaged counsel on 06.05.2026 after learning of the order and asserted that she had a bona fide defence on merits.

Whether Defendant No. 2 had shown sufficient cause for condoning the delay in filing the appeal against the order closing her right to file a written statement and proceeding against her ex parte?

Whether the Joint Registrar was justified in closing Defendant No. 2’s right to file a written statement after expiry of the maximum period prescribed under Rule 4, Chapter VII of the Delhi High Court Original Side Rules, 2018?

Whether the appeal could succeed on merits notwithstanding the delay and the expiry of the prescribed period for filing the written statement?

Rule 4, Chapter VII of the Delhi High Court Original Side Rules, 2018 requires a written statement to be filed within 30 days of receipt of summons and permits extension for a further period not exceeding 90 days where sufficient cause and exceptional and unavoidable reasons are shown, but expressly provides “not thereafter”.

The rule therefore imposes a mandatory outer limit of 120 days, beyond which the Court lacks power to condone delay in filing the written statement.

The Court relied on Delhi Gymkhana Club Ltd. v. Col. Ashish Khanna (SM Retd.) & Ors., 2024 SCC OnLine Del 7022, which held that the 120-day period is mandatory and applicable to suits before the Original Side of the Delhi High Court.

The Court relied on Shiva Buildtech Pvt. Ltd. & Ors. v. Aggcon Equipments International Pvt. Ltd. & Ors., 2026 SCC OnLine Del 1586, which reaffirmed that delay beyond the extended 120-day period cannot be condoned.

The appeal itself was governed by Rule 5, Chapter II of the Delhi High Court Original Side Rules, 2018.

The Court found that Defendant No. 2 had been duly served long before the order dated 01.04.2026 and nevertheless failed to take timely steps to file her written statement.

Her absence from India and bereavement following her mother’s death did not constitute an acceptable justification for failing to participate in the proceedings after service of summons.

Applying Rule 4, Chapter VII and the principles stated in Delhi Gymkhana Club and Shiva Buildtech, the Court held that the prescribed 120-day outer limit was mandatory and could not be extended once expired.

Accordingly, the Joint Registrar was justified in closing the right of Defendant No. 2 to file her written statement and proceeding against her ex parte.

The asserted bona fide defence on merits could not overcome the statutory and procedural bar, particularly when the appeal itself was filed with a substantial delay of 93 days.

IA No. 23698/2026, seeking condonation of 93 days’ delay in filing the appeal, and IA No. 23699/2026, seeking condonation of four days’ delay in re-filing, were dismissed.

O.A. No. 240/2026 was consequently dismissed both on limitation and on merits.

Defendant No. 1 was directed to comply with the order dated 29.07.2026, failing which coercive measures could be taken, and the matter was directed to be listed before the Joint Registrar (Judicial) on 23.09.2026.