DELHI BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD Vs. MAHANAGAR DELHI BHAWAN EVAM ANYA SANNIRAMAN MAZDOOR SANGH

JUDGEMENT

(1.) Petitioner/defendant has assailed order dtd. 28/10/2021 of the trial court, whereby its application under Sec. 151 CPC for setting aside order dtd. 26/9/2020 and the application under Sec. 5 Limitation Act for condonation of delay in filing the written statement were dismissed. I have heard learned counsel for both sides.

(2.) Briefly stated, the admitted factual matrix is that the defendant was duly served with summons of the suit on 1/7/2019, and the written statement was filed on 27/10/2021, by which date right to file the same stood already closed by way of judicial order dtd. 26/9/2020. On 28/10/2021, the petitioner/defendant filed an application under Sec. 151 CPC for setting aside order dtd. 26/9/2020 and an application under Sec. 5 Limitation Act for condonation of delay in filing the written statement, both of which were dismissed by way of order impugned in the present petition.

(3.) Learned counsel for petitioner/defendant contends that the impugned order is not sustainable in the eyes of law, because for filing the written statement, the period of 90 days after service of summons is only directory and not mandatory. It is submitted by learned counsel for petitioner/ defendant that their panel counsel surrendered his panel but did not return the files, which led to delay in filing the written statement. Learned counsel for petitioner/defendant also contends that the petitioner/defendant being a government department, it took time to engage a new counsel. In response to a specific query, it is informed by learned counsel for petitioner/defendant that they did not take any action against the erstwhile counsel, who allegedly did not return the files after surrendering the panel. It is further submitted by learned counsel that on account of Covid pandemic also, there was delay in filing written statement.