Delhi High Court Refers Mediation-Exclusion Issue for Written Statement Deadlines to Larger Bench
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TL;DR
- Delhi High Court refers key mediation timing issue to a larger bench.
- Conflicting decisions exist on whether mediation time pauses written statement deadlines.
- The outcome will clarify rules under the Delhi High Court (Original Side) Rules, 2018.
- The issue impacts timelines in civil and commercial suits.
Overview
On July 3, 2026, the Delhi High Court referred the question of whether time spent in mediation should be excluded from statutory deadlines for filing written statements and replications in civil suits to a larger bench. The court acted in response to conflicting legal opinions on this procedural issue under the Delhi High Court (Original Side) Rules, 2018.
What Happened
Justice Subramonium Prasad directed the matter to a larger bench after noting contradictory findings by various benches of the High Court regarding exclusion of time spent in mediation from the limitation period for filing written statements.
The immediate case involved defendants who sought to exclude four months spent pursuing court-referred mediation, which failed to result in a settlement. After mediation ended, the defendants filed their written statement, prompting the Joint Registrar to condone the delay.
In the referenced appeal, the court observed that certain previous decisions held mediation periods cannot be excluded for the purpose of the mandatory 120-day filing period under Chapter VII of the 2018 Rules, while others supported the contrary.
Given the divergence in precedent, the matter has been placed before the Chief Justice to constitute an appropriate larger bench for a definitive ruling.
Context
Under Indian civil procedure, filing a written statement (response to a suit) is subject to strict deadlines, failure of which could lead to closure of the right to defend.
Section 89 of the Code of Civil Procedure encourages courts to refer parties to mediation in an effort to resolve disputes outside the adversarial court process.
The ruling will directly affect parties engaged in mediation and the management of timelines for court filings within the Delhi High Court's original jurisdiction.
Why It Matters
- A clear ruling will resolve uncertainty over whether parties lose time for written statement deadlines while participating in mediation.
- The decision could influence case management and encourage or discourage reliance on mediation for dispute resolution in the Delhi High Court.
- Uniformity in judicial practice is particularly significant as India promotes mediation initiatives such as 'Vivad Mukt Bharat'.