Jabarullakhan vs. Lucas (Dead) Through Lrs
AI Summary
In a crucial procedural development, the Supreme Court has condoned the delay in filing the substitution application and allowed the substitution of legal representatives for the deceased respondent. This order sets aside the abatement of the Special Leave Petition, ensuring the case can proceed to address its substantive legal issues.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
The present Special Leave Petition was listed for hearing today. There were three interlocutory applications pending: one for abatement, one for substitution, and another for condonation of delay in filing the substitution application. The respondent, Lucas, had passed away, necessitating the substitution of his legal representatives. The petitioner had sought to condone the delay in filing the necessary application for this substitution.
Timeline of Events
Special Leave Petition (C) No. 4966/2019 filed in Supreme Court.
Applications for substitution, abatement, and condonation of delay in substitution application filed by petitioner.
Supreme Court condones delay, sets aside abatement, and allows substitution application.
Key Factual Findings
There was a delay in filing the application for substitution.
Source: Current Court Finding
The case had abated due to the death of Respondent Lucas and delay in substitution.
Source: Current Court Finding
The application for substitution required approval.
Source: Current Court Finding
Primary Legal Issues
Petitioner's Arguments
The petitioner sought condonation of delay in filing the substitution application, setting aside of abatement, and permission to substitute the legal representatives of the deceased respondent, Lucas.
Court's Reasoning
The court found sufficient grounds to condone the delay in filing the substitution application, which consequentially led to setting aside the abatement of the petition. Following this, the application for substitution of the deceased respondent's legal representatives was allowed, ensuring the continuation of the proceedings.
- Emphasis on Substantial Justice Over Technicalities
Impugned Orders
Specific Directions
- 1.Delay in filing the application for substitution is condoned.
- 2.Abatement is set aside.
- 3.Application seeking substitution is allowed.
Precedential Assessment
Non-Binding (Procedural)
This is a single-judge chamber order dealing with specific interlocutory applications (condonation of delay, abatement, substitution). While it ensures the continuation of the case, it does not lay down any new principle of law or interpret a statute in a novel way that would be binding or highly persuasive precedent for other cases, except as a standard application of established procedural law.
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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.
Original Order Copy
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Order Text
ITEM NO.1715 COURT NO.9 SECTION XII
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Special Leave Petition (C) No(s). 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 : 27-03-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PRASANNA B. VARALE [IN CHAMBERS] For Petitioner(s) Mr. K. K. Mani, AOR Ms. T.archana, Adv. For Respondent(s) Mr. A Velan, AOR
UPON hearing the counsel the Court made the following O R D E R
Delay in filing the application for substitution is condoned.
- 2. Abatement is set aside.
- 3. Application seeking substitution is allowed.
(KANCHAN CHOUHAN) (VINOD KUMAR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
