Beli Ram vs. Prabh Dayal (D) Th:Lrs

Court:Supreme Court of India
Judge:Hon'ble Surinder Singh Nijjar
Case Status:Disposed
Order Date:19 Feb 2013
CNR:SCIN010083092012

AI Summary

This Supreme Court order grants a final four-week window for petitioners in a Special Leave Petition (Civil) to fulfill a previously given undertaking. Failure to comply will result in the case being moved before a different bench, highlighting the critical importance of adhering to court-mandated obligations in ongoing legal battles.

Ratio Decidendi:
N/A - This is a procedural order and does not lay down a substantive legal principle.
Obiter Dicta:
N/A - No significant observations beyond the procedural directive.

Case Identifiers

Primary Case No:CC 6741/2012
Case Type:Special Leave Petition (Civil)
Secondary Case Numbers:15113/2013, 8309/2012
Order Date:2013-02-19
Filing Year:2012
Court:Supreme Court of India
Bench:Single Judge
Judges:Hon'ble Madan B. Lokur

Petitioner's Counsel

Ashwani Kumar
Advocate - Appeared

eCourtsIndia AITM

Brief Facts Summary

The case is a Special Leave Petition (Civil) filed in 2012, challenging a High Court of H.P. order dated September 2, 2011, in RSA No.259/1998. On February 19, 2013, the Supreme Court, through Justice Madan B. Lokur in chambers, addressed a procedural matter, granting the petitioners a final four-week period to comply with an undertaking, warning that non-compliance would lead to the matter being listed before another bench.

Timeline of Events

1998

Initial case leading to RSA No.259/1998 was filed.

2011-09-02

High Court of H.P. at Shimla passed judgment in RSA No.259/1998.

2012-03-12

Special Leave Petition (Civil) filed in Supreme Court.

2013-02-19

Supreme Court heard the matter and issued an order granting last opportunity for undertaking compliance.

Key Factual Findings

Petitioners had previously given an undertaking.

Source: Current Court Finding

Petitioners have not yet fully complied with the undertaking.

Source: Current Court Finding

Court's Reasoning

The Court, sitting in chambers, granted a final four-week extension to the petitioners to fulfill an undertaking. This decision reflects the court's procedural authority to manage cases and ensure compliance with previous commitments, providing a last chance before more stringent actions are considered.

Judicial Philosophy Indicators:
  • Emphasis on Procedural Compliance
  • Granting of last opportunity to ensure justice
Order Nature:Procedural
Disposition Status:Pending

Impugned Orders

High Court of H.P. at Shimla
Case: RSA No.259/1998
Date: 2011-09-02

Specific Directions

  1. 1.Petitioners are granted last opportunity to comply with the undertaking within four weeks.
  2. 2.Failing compliance, the matter will be listed before the appropriate Bench.

Precedential Assessment

Non-Binding (Procedural)

This is a procedural order from a single judge in chambers, not establishing any new legal principle or interpreting law substantively.

Tips for Legal Practice

1.Always ensure timely compliance with court undertakings to avoid adverse listings or dismissals.
2.Be prepared for strict adherence to procedural timelines, especially in the Supreme Court.
3.Understand the implications of 'last opportunity' orders, as they signal the court's diminishing patience for non-compliance.

Legal Tags

Special Leave Petition Civil procedural complianceSupreme Court order undertaking non-compliance consequencesHigh Court judgment challenge legal remedy processCourt chamber hearings procedural directions enforcementIndian legal system appellate review process managementAdvocacy and client obligations in legal proceedings

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:

Case Registered

Listed On:

10 Apr 2012

Original Order Copy

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Order Text

ITEM NO.21 COURT NO.5 SECTION XIV 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 (Civil)....../2012 CC 6741/2012 (From the judgement and order dated 02/09/2011 in RSA No.259/1998, of The HIGH COURT OF H.P AT SHIMLA) BELI RAM & ANR. Petitioner(s) VERSUS PRABH DAYAL (D) TH:LRS & ORS. Respondent(s) (With office report for directions) Date: 19/02/2013 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR (In chambers) For Petitioner(s) Mr. Ashwani Kumar,Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Last opportunity is granted to the petitioners to comply with the undertaking within four weeks, failing which the matter will be listed before the appropriate Bench.

(NAVEEN KUMAR) (SNEH LATA SHARMA) COURT MASTER COURT MASTER

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