The State Of Rajasthan Board Of Revenue For Rajasthan And Ors. Secretary vs. Bhola Ram (D) Throgh Lrs.& Ors.
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
6 Aug 2012
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Order Text
SECTIONXV
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
INTERLOCUTORY APPLICATION NOS. 3 AND 4
(Applications for substitution to bring on record the LRs. Of deceased respondent alongwith application for condonation of delay in filing substitution application and setting aside abatement)
IN
PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NO. 34216 OF 2012 WITH PRAYER FOR INTERIM RELIEF
STATE OF RAJASTHAN & ORS. ....PETITIONERS
VERSUS
KHEM CHAND & ORS. ....RESPONDENTS
OFFICE REPORT ON DEFAULT
The matter abovementioned was listed before the Hon'ble JudgeinChamber on 05.09.2016, when the Court was pleased to pass the following order:
"Finally, two weeks' time is granted to learned counsel for the petitioners to take fresh steps for effecting service on unserved respondent No. 4 and to file application for substitution for bringing on record the LRs. Of deceased respondent No. 2."
It is submitted that pursuant to order quoted above, counsel for the petitioner has on 08.12.2016 filed spare copy of SLP for issuance of fresh notice to unserved respondent No. 4 which is barred by time by 80 days, but he has not filed an application for condonation of delay in filing spare copy of SLP so far.
It is further submitted that counsel for the petitioner has on 19.10.2016 filed an application for substitution to bring on record the LRs. of deceased respondent No. 2 alongwith application for condonation of delay in filing substitution application and for setting aside abatement which is barred by time by 2666 days. Applications are registered as I.A. Nos. 3 and 4. Notice of Motion has been endorsed to the counsel for the petitioner for 05.12.2016 for effecting service on the Lrs. of deceased respondent No. 2 and counsel for the petitioner has filed affidavit alongwith proof of service after serving notice of motion to the sole Lr. of deceased respondent No. 2.
Service is not complete in respect of Respondent No. 4. The applications in the matter abovementioned are listed before the Hon'ble JudgeinChamber with this office report. Dated this the 22nd day of December, 2016.
ASSISTANT REGISTRAR
Copy to: Mr. Ajay Choudhary, Advocate.
ASSISTANT REGISTRAR
3/db/or