Shashi Kumar vs. Mam Chand

SECTION IVB Ch. Matter

Listed on Court No.

IN THE SUPREME COURT OF INDIA Item No. CIVIL APPELLATE JURISDICTION

INTERLOCUTORY APPLICATION NOS. 3 & 4 (Applications for deletion of name of Respondent No. 7 and exemption from filing death certificate) AND INTERLOCUTORY APPLICATION NOS. 5, 6 & 7 (Applications for substitution of deceased Respondent No. 5, condonation of delay in filing substitution application and exemption from filing original copy of death certificate)

AND

INTERLOCUTORY APPLICATION NOS. 8 & 9

(Applications for exemption from filing Official Translation and setting aside abatement)

IN

PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NO. 15989 of 2012

Shashi Kumar ...Petitioner(s)

Versus

Financial Comm. Haryana & Ors. ...Respondent(s)

OFFICE REPORT

The matter above mentioned alongwith connected matters was listed before the Ld. Registrar's Court on 16.12.2014, when inter alia following Order was passed:

".....SLP(C) NO.....15989..of 2012 .... In SLP(C) No. 15989/2012 application for substitution of deceased respondent No.5 alongwith application for deletion of respondent No.7 are pending. Registry to process the matter for listing before the Hon'ble Judge in Chamber....."

It is submitted that Mr. P.N. Puri, Counsel for the petitioner has filed an application for deletion of Respondent No. 7 alongwith application for exemption from filing death certificate which are registered as I.A. No. 3 & 4 and are included in paper books.

It is further submitted that Mr. P.N. Puri, Advocate has filed an application for substitution of deceased Respondent No. 5 alongwith applications for condonation of delay in filing substitution and exemption from filing original death certificate which are registered as I.A no. 5, 6 & 7. The application for substitution is barred by time by 2318 days. He has also filed applications for exemption from filing Official Translation of Death certificate and setting aside abatement which are registered as I.A Nos. 8 & 9. I.A No. 5 to 9 has already been included in Paper books. It is lastly submitted that Notice of Motion was endorsed for 23.02.2015 and handed over to Counsel for the petitioner for effecting service on sole proposed LR of deceased Respondent No. 5 and Counsel was requested to file affidavit with proof of service. He has filed an affidavit of service alongwith proof of service report received from Civil Judge (Senior Division) Yamuna Nagar stating therein that Nazir of the Civil Court went to serve the notice upon Sukhdev, sole LR but he was not available at the spot and his wife, Indu Bala was present at that time but she refused to accept the notice. Therefore, notice was pasted on the house of Sukhdev.

The matter above mentioned was listed before the Hon'ble Court (In Chambers) on 05.11.2015, when the Court was pleased to pass the following order:

" Let service be completed. Applications be considered after service of notice is complete. List thereafter."

The matter above mentioned alongwith connected matter was lastly listed before the Ld. Registrar's Court on 11.08.2016, when inter alia following Order was passed:

" ....SLP(C) NO.15989/2012 None appears for the sole proposed legal representative of deceased respondent

no.5 despite due service. Let the matter be placed before the Hon'ble Judge in Chambers, with appropriate office report showing the status of the parties, for further directions."

The applications above mentioned are listed before the Hon'ble Court (In Chambers) with this office report. Dated this the 8th day of September, 2016.

ASSISTANT REGISTRAR

Copy to : Mr. P.N. Puri,Adv. 17 Lawyer's Chamber, Supreme Court of India

ASSISTANT REGISTRAR

Haokip