Namrata Saini vs. Usha Devi @ Ram Devi
AI Summary
The Supreme Court, in an interim order for a Special Leave Petition filed by Namrata Saini, condoned the delay in filing and issued notice to the respondents, including Usha Devi @ Ram Devi and others. This pivotal procedural step signals the Apex Court's intent to hear the challenge against a High Court of Punjab & Haryana order, setting the stage for significant legal scrutiny.
Case Identifiers
Petitioner's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
Namrata Saini filed a Special Leave Petition (Civil) in the Supreme Court, seeking to challenge an order dated October 3, 2017, issued by the High Court of Punjab & Haryana in CR No. 5240/2016. The petitioner also filed interlocutory applications for condonation of delay in filing the petition, condonation of delay in refiling, and exemption from filing official translation.
Timeline of Events
High Court of Punjab & Haryana passed order in CR No. 5240/2016.
Special Leave Petition (Civil) filed in the Supreme Court.
Interlocutory applications for condonation of delay in filing, refiling, and exemption from O.T. filed.
Supreme Court heard the petition, condoned the delay, and issued notice to the respondents.
Key Factual Findings
There was a delay in filing the Special Leave Petition.
Source: Current Court Finding/Implied by IAs
Sufficient cause was shown for the delay in filing the petition.
Source: Current Court Finding/Inferred from 'Delay condoned'
Primary Legal Issues
Petitioner's Arguments
The petitioner, Namrata Saini, implicitly argued for sufficient cause to explain the delay in filing the Special Leave Petition, urging the Supreme Court to exercise its discretion to condone the delay and allow the petition to be heard on its merits.
Respondent's Arguments
No arguments were presented by the respondent side as notice was yet to be issued and served, and thus, no counsel had appeared for them at this stage.
Court's Reasoning
The Supreme Court, after hearing the counsel for the petitioner, found adequate grounds to condone the delay in filing the Special Leave Petition. Subsequently, the Court deemed it necessary to issue notice to the respondents, signifying that the petition raised issues warranting a response from the opposing parties before further proceedings.
- Emphasis on access to justice
- Adherence to procedural fairness
Impugned Orders
Specific Directions
- 1.Delay in filing condoned.
- 2.Issue notice to the respondents.
Precedential Assessment
Non-Binding (Procedural)
This order is purely procedural, addressing condonation of delay and issuance of notice. It does not establish or interpret any substantive legal principles.
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
27 Apr 2018
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
SPECIAL LEAVE PETITION (CIVIL) Diary No. 6968/2018
(Arising out of impugned final judgment and order dated 03-10-2017 in CR No. 5240/2016 passed by the High Court of Punjab & Haryana at Chandigarh)
NAMRATA SAINI Petitioner(s)
VERSUS
USHA DEVI @ RAM DEVI & ORS. Respondent(s)
(With IA No.56492/2018-CONDONATION OF DELAY IN FILING, IA No.56497/2018-EXEMPTION FROM FILING O.T. and IA No.56494/2018- CONDONATION OF DELAY IN REFILING)
Date : 27-04-2018 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN
For Petitioner(s)
Mr. M. Y. Deshmukh, AOR Mr. Shakti Pandey, Adv. Mr. S. Gupta, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following O R D E R
Delay condoned. Issue notice.
(NIDHI AHUJA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER
