The State Of Himachal Pradesh Chief Secretary vs. Ravinder Kumar Sankhayan (Dead)

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice
Case Status:Disposed
Order Date:21 Mar 2017
CNR:SCIN010190922005

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Case Registered

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4 Aug 2006

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SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTON

CIVIL APPEAL Nos. 3392, 3393 and 3394/2006 WITH INTERLOCUTORY APPLICATION NO. 1/2017 (Application for impleadment filed by Mr. Devender Singh Advocate)

State of H. P. ETC. ...Appellants Versus Ravinder Kumar Sankhayan (Dead) & Ors. ...Respondents

OFFICE REPORT

The appeals abovementioned were listed before the Hon'ble Court on 15.02.2017, when the court was pleased to pass the following order:

"Learned counsel appearing for respondent no.1 states, that respondent no.1 has died during the pendency of the proceedings before this Court. He accordingly seeks a short adjournment, so as to enable him to move an appropriate application for impleading the legal representatives of the respondent. Prayer is allowed. Needful be done within four weeks from today, as prayed for.

Post for hearing thereafter."

It is submitted that in terms of aforesaid order Mr. Sanjay Jain, Advocate, for common Respondent No. 1 in all the Appeals has on 09.03.2017 filed copy of death certificate of common deceased respondent No. 1 (Ravinder Kumar Sankhayan died on 06.08.2013) after serving its copies on the other side, but he has not filed an application for substitution for bringing on record the Lrs. of said deceased respondent No. 1. (Copy of death Certificate is enclosed herewith.)

Service position of the Appeals abovementioned are as under: CIVIL APPEAL No. 3392/2006

It is submitted that there are 5 respondents in this appeal. Service of Notice of Lodgment of Petition of Appeal is complete on respondent No. 2 to 5. Respondent No. 3 is represented by Mr. Anil Nag, Advocate and Respondent No. 5 is represented by Mr. Naresh Kr. Sharma, Advocate. Respondent No. 1 has died. Respondent Nos. 2 and 4 have been served with notice but they have not entered appearance so far.

It is further submitted that Mr. Devender Singh, Advocate has on 07.02.2017 filed an application for impleadment to implead the applicant as party respondent alongwith Vakalatnama/Appearace on behalf of the applicant but he has not served its copy on the counsel for respondent Nos. 3 and 5 (Regd. as I.A. No. 1/17) and the same has been placed with the appeal paper books.

CIVIL APPEAL No. 3393/2006

It is submitted that there are 5 respondents in this appeal. Service of Notice of Lodgment of Petition of Appeal is complete on respondent Nos. 2 to 4. Respondent No. 3 is represented by Mr. Varinder Kumar Sharma, Advocate and Respondent No. 4 is represented by Mr. Anil Nag, Advocate. Respondent No. 1 has died. Respondent Nos. 2 and 5 have been served with notice but they have not entered appearance so far.

CIVIL APPEAL No. 3394/2006

It is submitted that there are 5 respondents in this appeal. Service of Notice of Lodgment of Petition of Appeal is complete on respondent Nos. 2 to 4. Respondent No. 3 is represented by Mr. Varinder Kumar Sharma, Advocate and Respondent No. 4 is represented by Mr. Anil Nag, Advocate. Respondent No. 1 has died. Respondent Nos.2 and 5 have been served with notice but they have not entered appearance.

The appeals alongwith application above mentioned are listed before the Hon'ble Court with this Office Report.

DATED THIS THE 11th DAY OF MARCH, 2017.

ASSISTANT REGISTRAR.

COPY TO:

    1. Mr. Varinder Kumar Sharma, Adv.
    1. Mr. Naresh Kr. Sharma, Adv.
    1. Mr. Anil Nag, Adv.
    1. Mr. Sanjay Jain, Adv.
    1. Mr. Devender Singh, Advocate

ASSISTANT REGISTRAR.

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