Judicial Divergence on Excluding Mediation Time from Limitation Period Necessitates Authoritative Pronouncement
In a significant development, the Delhi High Court has referred a critical question regarding the exclusion of time spent in mediation from the limitation period for filing written statements or replications under Chapter VII of the Delhi High Court (Original Side) Rules, 2018, to a larger bench. The question centers on whether the time parties spend in mediation should be excluded from the prescribed period for filing legal documents, a matter that has seen divergent judicial opinions within the court.
The case in question, Narender Gupta and Ors. v. CA Vaibhav Jalan and Ors., revolves around a chamber appeal filed by the defendants challenging an order by the Joint Registrar. The defendants argued that the time spent in mediation should not be counted in the limitation period for filing their written statement. However, the Joint Registrar, in an order dated September 3, 2024, did not account for this mediation period, leading to the closure of the defendants' right to file the statement.
Justice Subramonium Prasad, presiding over the appeal, highlighted the divergence in judicial opinions on this issue. While some judgments, like Harjyot Singh v. Manpreet Kaur, assert that mediation time cannot be excluded, others like Bharat Singh v. Karan Singh and Sangeeta Rai Sandhu v. Charanjit Sandhu, have allowed for such exclusion, emphasizing the spirit of mediation as an alternative dispute resolution mechanism.
The court underscored the importance of mediation as a means of resolving disputes amicably, which aligns with the broader national vision of 'Vivad Mukt Bharat' (dispute-free India). The judgment noted that compelling parties to file legal documents during mediation could undermine the mediation process's collaborative spirit.
Recognizing the need for a uniform approach to avoid inconsistent rulings by Joint Registrars, the court has referred the issue for an authoritative pronouncement by a larger bench. This decision aims to reconcile the conflicting views and provide clarity on whether mediation time should be excluded in the computation of limitation periods under the specified rules.
The question now awaits consideration by a bench of two or three judges, as directed by the court's order, marking a crucial step towards establishing a clear legal precedent on this matter.
Bottom line:-
Divergence of judicial opinions exists regarding the exclusion of time spent in mediation while computing the limitation period for filing a written statement/replication under Chapter VII of the Delhi High Court (Original Side) Rules, 2018.
Statutory provision(s):
Delhi High Court (Original Side) Rules, 2018, Section 89 of the Code of Civil Procedure
Narender Gupta v. CA Vaibhav Jalan, (Delhi) : Law Finder Doc id # 2934524
