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11. In so far Rules 14 and 16 of Chapter I of the Rules of 2018 are concerned, it was his submission that same cannot be read in a manner to render the words 'but not thereafter' in Rule 4 of Chapter VII otiose. In this regard, he has relied upon the judgments of the Supreme Court in Padam Sen and Ors. v. State of Uttar Pradesh, AIR 1961 SC 218; Manohar Lal Chopra v. Rai Bahaadur Rao Raja Seth Hiralal, AIR 1962 SC 57; Vinod Seth v. Devinder Bajaj and Anr. 2010 (8) SCC 1.

12. On merits, it was his submission that applicants / defendants have miserably failed to disclose any cause whatsoever much less sufficient cause of exceptional and unavoidable reasons which prevented them from filing the written statement within the stipulated period of 30 days and 90 days thereafter. He also submitted that the written statement alleged to have been filed on December 18, 2018 cannot be termed as a written statement, but a bunch of papers. As would be evident from the objections raised by the Registry, the purported written statement which was filed on December 18, 2018 was unsigned, without verification clause, without supporting affidavits, without affidavit of admission and denial of documents and even the vakalatnama filed along with it was also unsigned. He stated that the written statement which has been filed along with the application also bears the date December 18, 2018, however on verification clause the month of February, 2019 is inscribed though without any date. That apart all the affidavits filed along with the written statement are dated February 13, 2019. Therefore, the purported written statement filed on December 18, 2018 cannot be termed as written statement which merely is a bunch of papers. Thereafter, the signed written statement with verification clause, supporting affidavits and affidavits of admission / denial was filed only on February 22, 2019. So, the filing of the written statement can at best be said to have been done on February 22, 2019 and not before that. Even if the written statement is treated to be filed on December 18, 2018, then also the same is admittedly filed beyond the period of 120 days from the date of service of summons. He stated, if the date of filing of the written statement is taken on February 22, 2019, then the delay in filing the written statement is 196 days and not 131 days beyond 30 days.

57. Be that as it may, it is pertinent to note the objections were raised by the Registry, on the said written statement filed on behalf of defendant 2,3,4 and 6 on December 18, 2018, that the said written statement as well as the vakalatnama was unsigned and filed without verification clause, without affidavit of admission and denial of documents. Thus, the filing done on December 18, 2018 can be said to be hopelessly inadequate and insufficient containing defects which are fundamental to the institution of proceedings rendering it a non-est filing and the date of initial filing needs to considered as to be date on which defects have been cured (Ref:- Ashok Kumar Parmar vs. D.C. Sankhla, 1995 RLR 85; Development Authority v. Durga Construction Co.: 2013 (139) DRJ 133; Jay Polychem (India) Ltd. and Ors. vs. S.E. Investment, MANU/DE/1694/2018).