Namrata Saini vs. Usha Devi @ Ram Devi
AI Summary
In a crucial procedural directive, the Supreme Court Registrar has granted a final four-week window for certain respondents to file their counter-affidavits in a Special Leave Petition. The order underscores the court's intent to expedite the matter, directing that the case be listed before a regular bench regardless of compliance, signifying a push towards timely resolution.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
This order concerns a Special Leave Petition (Civil) filed by Namrata Saini against Usha Devi @ Ram Devi & Ors. During a Registrar's Court hearing on September 7, 2018, it was noted that respondents 1 to 5 had not yet submitted their counter affidavits, and they were consequently granted a final four-week period to do so. Additionally, the court observed that service was complete on respondents 6 and 7, but they had not made any appearance. To ensure progression, the Registry was directed to list the case before the Hon'ble Court once the four-week period for affidavit filing had elapsed, regardless of whether the affidavits were actually filed.
Timeline of Events
Original case (CR-5240-2016) filed in the High Court.
Impugned order passed by the High Court.
Special Leave Petition (Civil) filed in the Supreme Court.
Case first listed for hearing in the Supreme Court.
Registrar's Court grants final opportunity to Respondents 1-5 to file counter-affidavit and directs listing before Hon'ble Court after four weeks.
Key Factual Findings
Respondents Nos.1 to 5 have not yet filed their counter affidavit.
Source: Current Court Finding
Service is complete on respondent Nos.6 and 7.
Source: Current Court Finding
None has entered appearance for respondent Nos.6 and 7.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Petitioner's Arguments
The petitioner's counsel appeared, indicating their continued active pursuit of the Special Leave Petition, likely advocating for the timely progression of the matter and compliance from the respondents.
Respondent's Arguments
Respondents 1-5 have not yet filed their counter-affidavit, which implies a request for or need for more time. Respondents 6 and 7 have not entered appearance despite being served, suggesting either a decision not to contest or a lack of engagement with the proceedings at this stage.
Court's Reasoning
The Registrar's decision is predicated on the necessity of advancing the Special Leave Petition in a timely manner and enforcing procedural compliance. By granting a 'last and final opportunity' to Respondents 1-5, the court aims to conclude the affidavit-filing stage. The directive to list the matter before the Hon'ble Court after four weeks, irrespective of affidavit submission, demonstrates the court's resolve to prevent further delays and ensure the case moves to its substantive hearing stage.
- Strict Adherence to Procedure
- Expeditious Disposal of Cases
Impugned Orders
Specific Directions
- 1.Last and final opportunity is granted to respondent Nos.1 to 5 for filing counter affidavit within four weeks.
- 2.Registry to process the matter for listing before the Hon'ble Court after completion of period of four weeks whether counter affidavit is filed or not as further opportunity stands declined.
Precedential Assessment
Non-Binding (Procedural)
This is a routine procedural order issued by a Registrar, focused on case management and ensuring compliance. It does not address any substantive legal issues or establish new legal principles, hence it holds no binding or persuasive precedential value in 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:
Fixed Date by Court
Stage:
SERVICE/COMPLIANCE-BEFORE REGISTRAR(J)
Remarks:
List Before Appropriate Bench
Listed On:
9 Jul 2018
In:
Registrar
Category:
UNKNOWN
Original Order Copy
Get a certified copy of this order
Order Text
ITEM NO.66 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 : 07-09-2018 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
Last and final opportunity is granted to respondent Nos.1 to 5 for filing counter affidavit within four weeks.
Service is complete on respondent Nos.6 and 7 but none has entered appearance.
Registry to process the matter for listing before the Hon'ble Court after completion of period of four weeks whether counter affidavit is filed or not as further opportunity stands declined.
rd Digitally signed by VINOD KUMAR TIWARI Date: 2018.09.12 12:39:07 IST Reason: Signature Not Verified
KAPIL MEHTA Registrar 07.09.2018