Namrata Saini vs. Usha Devi @ Ram Devi
AI Summary
In a crucial procedural step, the Supreme Court Registrar has granted the main respondents in a Special Leave Petition (Civil) four weeks to file their counter-affidavits. This order from August 2018 addresses the compliance of parties and ensures the next stage of the appeal against a High Court decision can proceed, highlighting the ongoing legal challenge.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
This order concerns a Special Leave Petition (Civil) where the Supreme Court Registrar heard the matter. Respondents 1 to 5 were granted four weeks to submit their counter-affidavits. It was noted that respondents 6 and 7 had been successfully served with notice but had not appeared before the court. The case was scheduled for another hearing on September 7, 2018.
Timeline of Events
High Court of Punjab and Haryana passed order CR-5240-2016 (impugned order).
Case filed in Supreme Court as a Special Leave Petition (Civil).
Case registered as SLP(C) No. 11378/2018 and had its first hearing.
Supreme Court Registrar hears the matter and issues the present order.
Respondents 1-5 granted 4 weeks to file counter-affidavits.
Service completed on Respondents 6&7, who did not appear.
Next hearing date scheduled by the Registrar.
Key Factual Findings
Respondents 1 to 5 require and are granted four weeks' time to file their counter affidavit.
Source: Current Court Finding
Service of notice is complete on respondent Nos. 6 and 7.
Source: Current Court Finding
Respondent Nos. 6 and 7 have not entered appearance despite being served.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Court's Reasoning
The Registrar granted four weeks' time to respondent Nos. 1 to 5 to file their counter-affidavits, reflecting adherence to principles of natural justice and providing adequate opportunity to all parties. The court also noted that service was complete on respondent Nos. 6 and 7, but they had not entered appearance, indicating that proceedings could continue against them.
- Emphasis on Natural Justice
- Strict Adherence to Procedure
Impugned Orders
Specific Directions
- 1.Four weeks' time is granted to respondent Nos.1 to 5 for filing counter affidavit.
- 2.List again on 7.9.2018.
Precedential Assessment
Non-Binding (Procedural)
This is a procedural order issued by a Registrar, not a substantive judgment by a bench of judges. It deals with case management and compliance, not legal principles.
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Legal Tags
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:
Ordinary
Stage:
SERVICE/COMPLIANCE-BEFORE REGISTRAR(J)
Remarks:
List On (Date) [07-09-2018]
Listed On:
8 Jan 2018
In:
Registrar
Category:
UNKNOWN
Original Order Copy
Get a certified copy of this order
Order Text
ITEM NO.70 REGISTRAR COURT. 1 SECTION IV-B
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 MR. KAPIL MEHTA
Petition(s) for Special Leave to Appeal (C) No(s). 11378/2018
NAMRATA SAINI Petitioner(s)
VERSUS
USHA DEVI @ RAM DEVI & ORS. Respondent(s)
Date : 01-08-2018 This petition was called on for hearing today.
For Petitioner(s)
Mr. Shakti Pandey, Adv. Mr. M. Y. Deshmukh, AOR
For Respondent(s)
Mr. Ashok Kumar Singh, AOR
UPON hearing the counsel the Court made the following O R D E R
Four weeks' time is granted to respondent Nos.1 to 5 for filing counter affidavit.
Service is complete on respondent Nos.6 and 7 but none has entered appearance.
List again on 7.9.2018.
KAPIL MEHTA Registrar 01.08.2018
rd
