Jabarullakhan vs. Lucas (Dead) Through Lrs
AI Summary
The Supreme Court of India has adjourned a Special Leave Petition (Civil) due to the non-appearance of counsel for both sides. The case, which includes pending applications for substitution and abatement following the death of the original respondent, is now scheduled to be relisted after the Diwali holidays, highlighting the procedural delays that can occur even in the apex court.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
This order concerns Special Leave Petitions (Civil) filed in 2019. The matter came up for hearing on October 24, 2024, before a Single Judge in Chamber. Several interlocutory applications related to abatement, substitution of parties (following the death of respondent Lucas), and condonation of delay in filing these applications are pending. During the hearing, no counsel appeared for either the petitioner or the respondent. Consequently, the Court adjourned the matter, directing it to be listed again after the Diwali Holidays in 2024.
Timeline of Events
Special Leave Petition (Civil) filed in the Supreme Court.
Applications filed for abatement, substitution, and condonation of delay in filing substitution applications (following the death of respondent Lucas).
Matter called for hearing, but no one appeared for either party.
Case directed to be listed again for hearing.
Key Factual Findings
No one appears in the matter.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Court's Reasoning
The Court observed that no one appeared for either party when the matter was called for hearing. In the interest of justice, to provide another opportunity for the parties to appear and pursue the case, the Court decided to list the matter after the upcoming Diwali Holidays.
- Emphasis on Natural Justice (providing opportunity to be heard)
Impugned Orders
Specific Directions
- 1.No one appears in the matter.
- 2.In the interest of justice, list the matter after Diwali Holidays, 2024.
Precedential Assessment
Non-Binding (Procedural)
This is a routine procedural order concerning an adjournment due to non-appearance and does not lay down any new legal principles or interpret existing law in a novel way. It merely directs the relisting of the matter.
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Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.
Order Issued After Hearing
Purpose:
IA
Before:
Hon'ble Prasanna B. Varale
Stage:
AFTER NOTICE (FOR ADMISSION) - CIVIL CASES
Remarks:
List After (Weeks) [1], List Before Chamber [after diwali holidays]
Listed On:
24 Oct 2024
In:
Chamber
Category:
UNKNOWN
Interlocutory Applications:
37179/2021,37183/2021,37185/2021,
Original Order Copy
Get a certified copy of this order
Order Text
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NOS.4475-4476/2019
JABARULLAKHAN PETITIONER(S)
VERSUS
LUCAS (DEAD) RESPONDENT(S)
(IA No. 37185/2021 - APPLICATION FOR ABATEMENT IA No. 37179/2021 - APPLICATION FOR SUBSTITUTION IA No. 37183/2021 - CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN.) Date : 24-10-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PRASANNA B. VARALE [IN CHAMBER]
For Petitioner(s) Mr. K. K. Mani, AOR (NP) Ms. T. Archana, Adv. (NP) Mr. Rajeev Gupta, Adv. (NP)
For Respondent(s) Mr. A Velan , AOR (NP)
UPON perusing the papers the Court made the following O R D E R
No one appears in the matter. In the interest of justice, list the matter after Diwali Holidays, 2024.
(JAGDISH KUMAR) (SUDHIR KUMAR SHARMA) COURT MASTER (SH) COURT MASTER (NSH)
