Kundan Singh (D) Thr Lrs vs. Ajit Singh

Court:Supreme Court of India
Judge:Hon'ble Vikram Nath
Case Status:Disposed
Order Date:29 Jan 2016
CNR:SCIN010150162014

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SECTION IV B

Listed on. 29.01.2016 IN THE SUPREME COURT OF INDIA Court No. R1 CIVIL APPELLATE JURISDICTION Item No. 26

PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL)NOS. 2378081 AND 29222 OF 2014

WITH PRAYER FOR INTERIM RELIEF

Kundan Singh (D) Thr. Lrs. ...Petitioner(s)

Versus

Ajit Singh & Ors. ...Respondent(s)

OFFICE REPORT

The matters above mentioned were listed before the Ld. Registrar on 04.11.2015, when the following order was passed:.

"SLP(C) No. 2378023781/2014

Counter affidavit of respondent Nos.1, 2(i) and 2(ii) is awaited. Be filed within four weeks' time.

Respondent No.2(iii) has yet not been served. The Ld. Counsel for the petitioner to take fresh steps to effect service. Notice thereafter be issued.

Application to bring on record the legal representatives of the deceased respondent No.3 has been filed but it is still defective.

SLP(C) No. 29222/2014

Vakalatnama on behalf of the proposed legal representatives of the deceased respondent No.1 has been filed but application for substitution of the legal representatives of the deceased respondent No.1 has yet not been filed. The Ld. Counsel for the petitioner has requested three weeks' time for the purpose. Be filed, as assured and application be processed thereafter as per rules.

Vakalatnama and counter affidavit on behalf of respondent No.2 has also yet not been filed, despite undertaking. The Ld. Counsel has requested two weeks' time for the same. Be filed, as assured.

List again on 29.1.2016."

SLP (C) Nos. 2378081/2014

It is submitted that Ms. Anuradha Mutatkar, counsel for Respondent Nos. 1, 2(i) and 2(ii) and two proposed LRs. of deceased Respondent No. 3 has not filed counter affidavit so far. Counsel for the petitioner has not taken fresh steps to effect service on Respondent No. 2(iii) so far. Counsel for the petitioner has on 02.09.2015 filed an application for bringing on record the LRs. of deceased Respondent No. 3 but the same is still defective. No one has entered appearance on behalf of served Respondent No. 1 so far.

Service of show cause notice is not complete on Respondent Nos. 2(iii) & 3.

SLP (C) No.29222/2014

It is submitted that counsel for the petitioner has on 12.01.2016 filed an application for substitution of LRs. of deceased Respondent No. 1 along with application for condonation of delay but the same is defective. Counsel has not cured the defects despite this Registry's letter dated 13.01.2016.

It is further submitted that Mr. Vineet Bhagat, Advocate has not filed Vakalatnama and counter affidavit on behalf of Respondent No. 2 so far.

Service of show cause notice is not complete on Respondent No. 2 while application for substitution of LRs. of Respondent No. 1 is defective.

The matters above mentioned are listed before the Ld. Registrar's Court with this office report.

Dated this the 28th day of January, 2016.

ASSISTANT REGISTRAR

Copy to: Ms. Anuradha Mutatkar, Adv. Mr. Vineet Bhagat, Adv.

ASSISTANT REGISTRAR

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