Jabarullakhan vs. Lucas (Dead) Through Lrs
AI Summary
In this Supreme Court procedural order concerning a Special Leave Petition, the Registrar grants a final four-week extension to certain respondents to file their counter affidavits. The case, involving deceased parties represented by their legal heirs, highlights the ongoing efforts to ensure all parties submit their responses before the matter proceeds to a full hearing before the Hon'ble Court, reflecting the court's emphasis on procedural compliance.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
Jabarullakhan has filed a Special Leave Petition (Civil) in the Supreme Court against Lucas (deceased), represented by his legal heirs. On April 21, 2025, the Registrar Court noted that respondent Nos. 1.1 to 1.3 had not filed their counter affidavits and granted them a final four-week extension. It was also noted that service was complete on respondent Nos. 1.4 to 1.7, but they had not entered an appearance. The matter is directed to be listed before the Hon'ble Court after the four-week period.
Timeline of Events
High Court of Tamil Nadu passed challenged judgments/orders.
Special Leave Petition (Civil) filed in the Supreme Court.
Applications for substitution, condonation of delay in substitution, and abatement filed (due to respondent's death).
Registrar Court grants last chance to some respondents to file counter affidavit and notes non-appearance of others.
Key Factual Findings
Respondent Nos. 1.1 to 1.3 have not filed their counter affidavit.
Source: Current Court Finding
Four weeks time, as last chance, is necessary for respondent Nos. 1.1 to 1.3 to file their counter affidavit.
Source: Current Court Finding
Service is complete on Respondent Nos. 1.4 to 1.7.
Source: Current Court Finding
Respondent Nos. 1.4 to 1.7 have not entered appearance despite being served.
Source: Current Court Finding
Primary Legal Issues
Petitioner's Arguments
Not detailed in this procedural order, but implied that the petitioner is actively pursuing the Special Leave Petition, likely seeking to progress the matter to a substantive hearing.
Respondent's Arguments
Not explicitly stated, but implied that respondent Nos. 1.1 to 1.3 have not yet filed their counter affidavits, possibly due to requiring more time. Respondent Nos. 1.4 to 1.7 have not appeared despite being served.
Court's Reasoning
The Registrar's decision to grant a 'last chance' for filing counter affidavits is driven by the principle of ensuring due process and providing adequate opportunity to all parties to present their case, while also aiming to avoid undue delays and progress the litigation to the Hon'ble Court for substantive hearing.
- Emphasis on Natural Justice
- Strict Adherence to Procedure
Impugned Orders
Specific Directions
- 1.Four weeks time, as last chance, is granted to respondent Nos. 1.1 to 1.3 to file counter affidavit.
- 2.After expiry of four weeks, list the matter before the Hon'ble Court.
Precedential Assessment
Non-Binding (Procedural)
This order is a procedural directive issued by a Registrar for case management, not a substantive judgment establishing legal principles. It does not set a binding precedent on points of 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.
Order Issued After Hearing
Purpose:
IA
Before:
Hon'ble Prasanna B. Varale
Stage:
AFTER NOTICE (FOR ADMISSION) - CIVIL CASES
Remarks:
IA Allowed [37179/2021,37183/2021,37185/2021]
Listed On:
27 Mar 2025
In:
Chamber
Category:
UNKNOWN
Interlocutory Applications:
37179/2021,37183/2021,37185/2021,
Original Order Copy
Get a certified copy of this order
Order Text
ITEM NO.36 REGISTRAR COURT SECTION XII
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
BEFORE THE REGISTRAR SH. ARUL VARMA
Petition(s) for Special Leave to Appeal (C) No(s). 4475-4476/2019
JABARULLAKHAN Petitioner(s)
VERSUS
LUCAS (DEAD) THROUGH LRS. Respondent(s)
Date : 21-04-2025 These petitions were called on for hearing today.
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
Four weeks time, as last chance is granted to respondent Nos. 1.1 to 1.3 to file counter affidavit.
Service is complete on Respondent Nos. 1.4 to 1.7 but none has entered appearance.
After expiry of four weeks, list the matter before the Hon'ble Court.
ARUL VARMA Registrar
