Ashutosh Samanta (D) By Lrs vs. Nemai Chandra Samanta (D)

SECTION XVI LISTED ON : Chamber COURT NO.: ITEM NO. : IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO. 11428 of 2008 (With prayer for interim relief) ASHUTOSH SAMANTA (D) BY LRS. ..PETITIONERS VERSUS NEMAI CHANDRA SAMATA & ORS. ..RESPONDENTS OFFICE REPORT ON DEFAULT

The matter abovementioned was listed before the Hon'ble Judge in Chamber on 29.04.2014 when the Court was pleased to pass the following order:

"Last opportunity of four weeks' is granted to the counsel for the petitioners to cure the defects in the application for substitution of deceased respondent Nos. 1, 3(i) and 5 and to file application for substitution to bring on record the Lrs. Of deceased Respondent NO. 6."

It is submitted that counsel for the petitioner has on 22.5.2012 filed an application for substitution of Lrs. Of respondent Nos. 1, 3(i) & 5 but the same was defective for the reasons :

• i) Copies of death certificate of Respondent Nos. 1, 3(i) and 5 not filed.
• ii) Age of the proposed Lrs. of above deceased respondent are not given in the application.
• iii) Abatement application in respect of Respondent Nos. 1, 3(i) and 5 not filed. C/delay does not mentioned the clause of setting aside abatement in respect of Respondent Nos. 1,3(i) and 5
• iv) Chamber summons are not taken out.
• V) Para regarding No other L.Rs are not mentioned in the applications.

The office report on default was lastly listed before the Hon'ble Judge in Chambers on 26.03.2015 when His Lordship was pleased to pass the following order:

"Two weeks' time is granted to comply with the office report. List thereafter."

It is again submitted that despite above order, counsel for the petitioner has not taken any steps in respect of deceased respondent Nos. 1, 3(i), 5 and 6, so far.

The office report on default dated 13th April, 2015 listed before the Hon'ble Judge in Chambers on 09.09.2015 when His Lordship was pleased to pass the following order:

"Filing of death certificate of respondent Nos. 1, 3(i) and 5 is dispensed with at this stage. If the same is required at the later stage, it may be so directed by this Court."

It is lastly submitted that desite this Registry's letter dated 15.09.2015, counsel for the petitioner has neither cured remaining defects in application for substitution of deceased respondent Nos. 1, 3(i) and 5 nor taken any steps on behalf of deceased respondent No. 6, so far.

The default of the Advocate is reported to the Hon'ble Judge in Chambers with this office report.

Dated this the 9th day of January, 2016.

ASSISTANT REGISTRAR

Copy to: Mr. Ranjan Mukherjee, Advocate Mr. Anip Sachthey, Advocate Mr. Avijit Bhattacharjee, Advocate Mr. Subhro Sanyal, Advocate

ASSISTANT REGISTRAR

akr/or/14