$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010367142026 + CM(M) 1770/2026, CM APPL. 52737/2026, CM APPL. 52738/2026 & CM APPL. 52739/2026 RAJEEV SHARMA & ORS. .....Petitioners Through: Mr. Harish Kumar Mehra, Advocate. versus AJAY KUMAR TIWARI & ORS. .....Respondents Through: Mr. Anurag Ahluwalia, Advocate for R-1 to R-4. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 11.08.2026 1. The present petition under Article 227 of the Constitution of India has been filed by the petitioners/defendants impugning the order dated 29.04.2026 passed by learned District Judge, Shahdara, Karkardooma Court, Delhi, in CS No. 667/2023, titled Ajay Kumar Tiwari v. Rajeev Sharma And Ors.”, whereby the petitioners’ right to file their written statement and affidavits of admission and denial of documents, was closed. 2. The petition arises out of a suit for recovery of Rs. 31,06,352/- instituted by respondent nos. 1 to 4/plaintiffs against the petitioners and respondent no. 5. 3. Summons were issued to the petitioners and respondent no. 5. As recorded in the impugned order, the petitioners were served on 22.03.2024 and entered appearance before the learned Trial Court on 09.04.2024. They were thereafter directed to file their written statements and affidavits of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2026 at 11:01:55 admission and denial of documents. However, despite the opportunity so granted, the petitioners failed to file their written statements. Consequently, vide order dated 26.11.2024, their right to file the written statement was closed and they were proceeded ex-parte. 4. Thereafter, on 29.10.2025, the petitioners filed an application under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure, 1908. The said application was allowed by the learned Trial Court vide order dated 27.02.2026, whereby the petitioners were granted an opportunity to file their written statements, subject to payment of costs of Rs. 35,000/-, to be paid by the petitioners to respondent nos. 1 to 4. 5. In the interregnum, the petitioners also preferred an application for waiver of cost imposed by order dated 27.02.2026, which came to be dismissed by the learned Trial Court on 28.04.2026. 6. Despite the aforesaid opportunity having been granted, the petitioners once again failed to file written statements. Consequently, vide the impugned order dated 29.04.2026, the learned Trial Court closed the right of the petitioners to file written statements and affidavits of admission and denial of documents. 7. Aggrieved thereby, the petitioners are before this Court. 8. Mr. Harish Kumar Mehra, learned counsel appearing on behalf of the petitioners submit that after service of summons, the petitioners had engaged their previous counsel, who failed to prepare and file the written statement despite opportunities. It is submitted that the petitioners ought not to suffer on account of the lapse of their previous counsel. 9. He further submits that the petitioners have a substantial defence, including a plea of limitation, and are willing to comply with the conditions This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2026 at 11:01:55 imposed by the learned Trial Court, including payment of costs of Rs. 35,000/-. Learned counsel accordingly seeks one final opportunity to file the written statement and contest the suit on merits. 10. On the other hand, Mr. Anurag Ahluwalia, learned counsel for respondent nos. 1 to 4, initially opposed the prayer, drawing attention to the repeated failure of the petitioners to file their written statements despite opportunities. However, he fairly submits that the petitioners may be permitted to file their written statements, subject to payment of enhanced costs. 11. Heard learned counsel for the parties and perused the record. 12. The record reflects that the petitioners have been afforded more than one opportunity to file their written statements and that they failed to avail the same. The petitioners cannot, therefore, be said to have acted with due diligence. At the same time, the lapse attributed to the previous counsel, who was entrusted with the conduct of the proceedings, cannot, in the facts of the present case, be permitted to operate to the prejudice of the petitioners by depriving them altogether of an opportunity to contest the suit on merits. 13. It is also relevant that learned counsel appearing for respondent nos. 1 to 4, despite initially opposing the prayer on the ground of the petitioners’ conduct, has fairly acceded to the petitioners being granted one final opportunity, subject to payment of enhanced costs. In these circumstance, and keeping in view that the lis ought, as far as possible, to be adjudicated on merits rather than being defeated on account of procedural lapses, this Court is of the considered view that one final opportunity deserves to be granted to the petitioners. Accordingly, the impugned order dated 29.04.2026 is set aside. The This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2026 at 11:01:55 petitioners are permitted to file their written statements along with their affidavits of admission and denial of documents, subject to payment of costs of Rs. 50,000/-. Out of the said amount, Rs. 35,000/- shall be paid to respondents no. 1 to 4 towards the costs already imposed by the learned Trial Court vide order dated 27.02.2026, and the remaining Rs. 15,000/- shall be paid to the Delhi High Court Bar Association, Account bearing No. 15530100000478 (IFSC Code: UCBA0001553) maintained with the UCO Bank, Delhi High Court, New Delhi payable by petitioners. 14. The aforesaid costs shall be paid within a period of one week from today. The written statements and affidavits of admission and denial shall be filed within the same period, subject to compliance with the aforesaid condition. 15. It is made clear that this shall be the final opportunity granted to the petitioners. No further indulgence shall be sought on account of any lapse on part of the petitioners or their counsel. 16. The learned Trial Court shall thereafter proceed with the suit in accordance with law. Nothing contained in the present order shall be construed as an expression of opinion on the merits of the respective claims and defences of the parties. 17. The petition stands allowed in the aforesaid terms. 18. Accordingly, pending application(s), if any, also stands disposed of. AJAY DIGPAUL, J AUGUST 11, 2026/Sk/dd This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2026 at 11:01:55