Namrata Saini vs. Usha Devi @ Ram Devi

Court:Supreme Court of India
Judge:Registrar (J) - Ii
Case Status:Disposed
Order Date:9 May 2022
CNR:SCIN010069682018

AI Summary

This Supreme Court order from May 2022, in an ongoing Special Leave Petition, grants the petitioner additional time to submit a rejoinder affidavit. The case, challenging a High Court order from Punjab & Haryana, has been adjourned to August 2022 for further hearing, indicating active case progression. While procedural, it highlights the continuous legal process in the apex court.

Ratio Decidendi:
When a party seeks additional time to file a rejoinder affidavit, and such a request is considered reasonable for the proper adjudication of the matter, courts may grant such time, alongside setting a future listing date for the case.

Case Identifiers

Primary Case No:11378/2018
Case Type:Special Leave Petition (Civil)
Case Sub-Type:SLP - Civil Revision Challenge
Secondary Case Numbers:6968/2018, SCIN010069682018
Order Date:2022-05-09
Filing Year:2018
Court:Supreme Court of India
Bench:Division Bench
Judges:Hon'ble Indira Banerjee, Hon'ble A.S. Bopanna

Petitioner's Counsel

M. Y. Deshmukh
Advocate on Record - Appeared
Manjeet Kirpal
Advocate - Appeared

Respondent's Counsel

Ashok Kumar Singh
Advocate on Record - Appeared
Pragya Singh
Advocate - Appeared
Akshay Singh
Advocate - Appeared
Shantwanu Singh
Advocate - Appeared

Advocates on Record

M. Y. Deshmukh
Ashok Kumar Singh

eCourtsIndia AITM

Brief Facts Summary

This is a Special Leave Petition (Civil) No. 11378/2018 filed by Namrata Saini against Usha Devi @ Ram Devi & Ors., challenging a High Court of Punjab & Haryana order dated October 3, 2017, in CR No. 5240/2016. On May 9, 2022, the Supreme Court heard the matter, and the petitioner's counsel requested time to file a rejoinder affidavit. The Court granted this request and listed the case for a non-miscellaneous day in August 2022, with a direction to file the rejoinder affidavit after the summer vacation.

Timeline of Events

2017-10-03

Impugned final judgment and order passed by the High Court of Punjab & Haryana at Chandigarh in CR No. 5240/2016.

2018-02-21

Special Leave Petition (Civil) filed in the Supreme Court.

2018-04-27

Special Leave Petition (Civil) registered and first heard in the Supreme Court.

2022-05-09

Supreme Court hearing where petitioner sought time to file rejoinder affidavit.

August 2022

Next hearing scheduled by the Supreme Court.

After ensuing summer vacation

Deadline for filing rejoinder affidavit.

Key Factual Findings

The petitioner requires additional time to file a rejoinder affidavit.

Source: Current Court Finding

Primary Legal Issues

1.Procedural compliance for filing of affidavits.

Secondary Legal Issues

1.Case management and scheduling in the Supreme Court.

Petitioner's Arguments

The counsel for the petitioner sought additional time from the Court to file a rejoinder affidavit.

Court's Reasoning

The Court, upon hearing counsel, acceded to the petitioner's request for time to file a rejoinder affidavit to ensure proper presentation of their case.

Judicial Philosophy Indicators:
  • Emphasis on Procedural Fairness
Order Nature:Procedural
Disposition Status:Pending

Impugned Orders

High Court of Punjab & Haryana at Chandigarh
Case: CR No. 5240/2016
Date: 2017-10-03

Specific Directions

  1. 1.Petitioner granted time to file rejoinder affidavit.
  2. 2.Case to be listed on a non-miscellaneous day in the Month of August, 2022.
  3. 3.Rejoinder affidavit, if any, shall be filed within the date of re-opening of the Court after the ensuing summer vacation.

Precedential Assessment

Non-Binding (Procedural)

This order is purely procedural, granting time for filing an affidavit and scheduling the next hearing. It does not establish any new legal principles or interpret existing law in a way that would set a precedent.

Tips for Legal Practice

1.Always be prepared to seek or grant adjournments for procedural compliances like filing affidavits, ensuring proper documentation of such requests.
2.Note the court's calendar (e.g., summer vacation) when calculating deadlines for filings, as directed in the order.
3.Understand that even in advanced stages like SLPs, procedural requests for filings are routinely entertained to ensure due process.

Legal Tags

Supreme Court Special Leave Petition Civil Procedural OrderRejoinder Affidavit Filing Extension Supreme CourtCase Management Directions Apex Court IndiaAdjournment of Hearing Special Leave Petition CivilPunjab and Haryana High Court Civil Revision Challenge

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.

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Order Text

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 11378/2018

(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)

Date : 09-05-2022 This petition was called on for hearing today.

CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE A.S. BOPANNA

For Petitioner(s) Mr. M. Y. Deshmukh, AOR Mr. Manjeet Kirpal, Adv.

For Respondent(s) Mr. Ashok Kumar Singh, AOR Ms. Pragya Singh, Adv. Mr. Akshay Singh, Adv. Mr. Shantwanu Singh, Adv.

UPON hearing the counsel the Court made the following O R D E R

The learned counsel appearing on behalf of the petitioner seeks time to file the rejoinder affidavit.

List on a non-miscellaneous day in the Month of August, 2022.

Rejoinder affidavit, if any, shall be filed within the date of re-opening of the Court after the ensuing summer vacation.

Digitally signed by Signature Not Verified

Rachna Date: 2022.05.09 17:16:07 IST Reason:

(MANISH ISSRANI) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)

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Case History of Orders

Order(7) - 29 Jan 2024

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Order(6) - 25 Aug 2022

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Order(5) - 9 May 2022

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Order(4) - 27 Jul 2021

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Order(3) - 7 Sept 2018

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Order(2) - 1 Aug 2018

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Order(1) - 27 Apr 2018

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