VINOD KUMAR KAD Vs. GIRISH KUMAR KAD

JUDGEMENT

(1.) The present appeal under Section 10 of the Delhi High Court Act 1966, assails the order dated 03.09.2020 passed in I.A. No. 7670/2020 in CS (OS) 636/2019 by the learned Single Judge condoning the delayed filing of the written statement by the respondent nos.2 to 5/defendants. The appellants, who filed the suit in question, have also assailed the subsequent order dated 20.10.2020 passed by the learned Single Judge rejecting their prayer for review of the order dated 03.09.2020.

(2.) The appellants preferred a suit for declaration, permanent injunction and partition in respect of the property bearing no. B-27, Satyawati Colony, Ashok Vihar, Phase-III, Delhi 110052. The suit came to be listed before the learned Single Judge on 05.02.2020, on which date the Court, while issuing summons in the suit and notice in the applications, directed the defendants to file the written statement within a period of 30 days. On 13.03.2020, in view of COVID-19 pandemic gripping the world, the Court issued a notification suspending its regular functioning w.e.f. 16.03.2020.

(3.) It turns out, the respondents failed to file the written statement either within the 30 day-period granted by the Court or within the period of 90 days provided under Order VIII Rule 1 of the Code of Civil Procedure, 1908. The written statement was filed only on 31.08.2020 alongwith an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing the written statement, primarily on the ground that the said delay had been occasioned on account of the respondents' inability to visit their counsel for drafting and filing the written statement on account of the COVID-19 pandemic. The said application has been allowed by learned Single Judge under the impugned order dated 03.09.2020, whereafter the appellant's application seeking review thereof was also rejected on 20.10.2020.