APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT FOR CONDONATION OF DELAY IN FILING THE WRITTEN STATEMENT

IN THE HON’BLE HIGH COURT OF DELHI, AT NEW DELHI

CS(OS) XXX OF XXXX

IA NO. XXX OF XXXX

IN THE MATTER OF: -

XXXXXXXXXX …. PLAINTIFFS

Versus

XXXXXXXXXX .…RESPONDENTS

APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT FOR CONDONATION OF

DELAY IN FILING THE WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

NO.1 NAMELY SH. XXXXXXXXXX.

MOST RESPECTFULLY SHOWETH: -

1. The above captioned matter is pending adjudication before this Hon’ble court and the same is fixed for XX.XX.XXXX

2. That the Hon’ble court was pleased to close the opportunity of defendant no.1 to file the written statement vide order dated XX.XX.XXXX as the earlier counsel engaged by the defendant no.1 didn’t file the WS on record owing to some personal circumstances which constrained the Advocate to shift his office from XXXXXXXXXX to XXXXXXXXXX and during the course of shifting of the office, several files were misplaced by the shifting partner and the file of the present case was wrapped with file of another case and the counsel was under the impression that the WS has been place on record. And in this misunderstanding the Written Statement of the respondent/defendant no.1 didn’t came on record.

3. That the Defendant no.1 has taken back the case file from the earlier counsel on XX.XX.XXXX due to this inadvertent ignorance and now engaged Sh. XXXXXX, Advocate to proceed the matter.

4. That the Defendant no.1 will be in great hardship if the Written Statement will not be taken on record as the present matter arises out of the family dispute and there are many things which took place off the record in any particular family without any written document but have crucial impact on the joint family and the properties of HUF as well.

5. That the real story from the side of the Defendant no.1 is extremely important to decide the present matter as the Defendant no.1 is the eldest member and surviving member in the family of which the present parties and the suit property belongs.

6. That the Defendant no.1 has done a lot for the benefit of the joint properties including the suit property. And has incurred the cost to the tune of Rs.XX Lakh for the maintenance of the suit property and the plaintiffs and the defendant no.2 and 3 will never disclose such crucial facts which are actually the bone of contention leading to the present suit.

7. That the defendant along with other family members has entered into the Settlement Document dated XX.XX.XXXX to put an end to this dispute related to the suit property and other properties which belong of the present HUF of which all the parties belong but the plaintiffs and the defendant no.2 and 3 will never disclose such crucial things as they had violated the terms and conditions of the settlement document dated XX.XX.XXXX.

8. That the right of Defendant no.1 to file the WS will make the controversy in the present suit easy and the help the Hon’ble court to adjudicate the present matter in timely manner.

P R A Y E R

It is therefore prayed to this Hon’ble court that the present application for taking

the written statement on record be allowed in the interest of justice.

PLACE: DELHI

DATED: XX.XX.XXXX

Defendant no.1

THROUGH

XXXXXXXXXX

ADVOCATE

Address: XXXXXXXX

XXXXXXXXXXXXXXX

XXXXXXXXX.