Jabarullakhan vs. Lucas (Dead) Through Lrs
AI Summary
In a Special Leave Petition before the Supreme Court, a key procedural hurdle emerged with the passing of respondent Lucas, necessitating the substitution of his legal heirs. This order grants the petitioner's counsel four weeks to facilitate the appearance of these new parties and file a counter affidavit, ensuring the continuation of a case with significant implications for the litigants involved, which was originally filed in 2019 and challenges 2018 High Court orders.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
This Special Leave Petition (Civil) involves Jabarullakhan as the petitioner against Lucas (now deceased) as the primary respondent. The case is currently at a procedural juncture where Interlocutory Applications concerning abatement, substitution of legal heirs, and condonation of delay in filing the substitution application are pending. On January 10, 2025, the Supreme Court, in Chambers presided over by Hon'ble Mr. Justice Nongmeikapam Kotiswar Singh, granted the petitioner's counsel four weeks to ensure the appearance of the deceased respondent's legal representatives and to file a counter affidavit.
Timeline of Events
Original cases (CRPMD) filed in Tamil Nadu High Court.
Tamil Nadu High Court issues orders in CRPMD-1401-2016 and CRPMD-1402-2016, which are challenged in the SLP.
Special Leave Petition (C) No(s). 4475-4476/2019 filed in the Supreme Court.
First hearing of the Special Leave Petition in the Supreme Court.
Interlocutory Applications filed for abatement, substitution, and condonation of delay in substitution of the deceased respondent Lucas.
Supreme Court grants petitioner's counsel four weeks to ensure appearance of legal representatives and file counter affidavit.
Key Factual Findings
The respondent Lucas is deceased, necessitating applications for substitution and abatement.
Source: Recited from Petitioner Pleading
The petitioner's counsel sought and was granted an additional four weeks to ensure appearance of the legal representatives and to file a counter affidavit.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Petitioner's Arguments
The petitioner's counsel requested an extension of four weeks to facilitate the appearance of the legal representatives of the deceased respondent, Lucas, and to file a counter affidavit, presumably in response to the pending Interlocutory Applications or for the main Special Leave Petition.
Respondent's Arguments
The order does not explicitly detail arguments from the respondent's side; their counsel was present but no specific submissions are recorded regarding the application for time.
Court's Reasoning
The Court granted the petitioner's request for more time, implicitly reasoning that such an extension is necessary and in the interest of justice to ensure proper procedural compliance, allow all necessary parties to come on record, and enable the filing of relevant documents before the substantive matter can proceed effectively.
- Emphasis on Procedural Fairness
- Efficiency in Case Management
Impugned Orders
Specific Directions
- 1.Learned counsel for the petitioner is granted another opportunity of four weeks to enter appearance and for filing counter affidavit.
- 2.List the matter after four weeks.
Precedential Assessment
Non-Binding (Procedural)
This is a routine procedural order granting time, specific to the facts of the case, and does not establish a new legal principle or interpret law. Its value is limited to the specific parties involved.
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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:
Administrative Order
Before:
Registrar
Stage:
SERVICE/COMPLIANCE-BEFORE REGISTRAR(J)
Remarks:
List After (Weeks) [4], List before court/bench
Listed On:
21 Apr 2025
In:
Registrar
Category:
UNKNOWN
Original Order Copy
Get a certified copy of this order
Order Text
ITEM NO.1712 COURT NO.3 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 : 10-01-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH [IN CHAMBERS] For Petitioner(s) Mr. K. K. Mani, AOR Ms. T.archana, Adv. Mr. Rajeev Gupta, Adv. For Respondent(s) Mr. A Velan, AOR
UPON hearing the counsel the Court made the following O R D E R
Learned counsel for the petitioner prays for and is granted another opportunity of four weeks to enter appearance and for filing counter affidavit.
List the matter after four weeks.
(KANCHAN CHOUHAN) (MAMTA RANI) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
