Abul Kalam Molla& Ors. vs. Sirajul Haque (D) Thr. Lrs.& Ors.

SECTION XVI

LISTED ON : COURT NO.: Chamber ITEM NO. :

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

INTERLCOUTORY APPLICATION NOS. 3 & 4

(Application for substitution of Lrs. Of deceased respondent no.1 and application for condonation of delay in filing substitution)

IN

PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO. 5538 of 2014

(With prayer for interim relief) ABUL KALAM MOLIA & ORS. ..PETITIONERS VERSUS

SIRAJUL HAQUE & ORS. ..RESPONDENTS

OFFICE REPORT

The matter abovementioned was listed before the Hon'ble Judgeinchamber on 02.09.2016 when HIS LORDSHIP was pleased to pass the following order:

"Learned counsel for the petitioners is absent. As a last chance, two weeks' time is granted to the learned counsel for the petitioners to cure the defects as pointed out by the Registry in its office report dated 11th August, 2016. "

It is submitted that Dr. Sushil Balwada, Advocate has on 20.10.2016 filed application for substitution of the Lrs. Of deceased respondent no.1 and condonation of delay in filing substitution application which are barred by time by 1125 days. The applications are registered as I.A. Nos. 3 & 4. Copy of the same are included in the paperbook.

It is further submitted that Counsel for the petitioner has on 16.09.2016 filed spare copy and fresh showcause notice has been issued to respondent no.5. Service of notice on respondent no.5 is still awaited.

The applications are listed before the Hon'ble Judgeinchamber with this report.

Dated this the 15th day of November, 2016.

ASSISTANT REGISTRAR

2 Copy to: Mr. Sushil Balwada, Advocate Mr. Vishal Arun, Advocate,

ar/or/1415

ASSISTANT REGISTRAR