Union Of India Ministry Of Defence Secretary vs. Ex Dfr Dayal Singh
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
31 Mar 2014
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Order Text
SECTION IV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
INTERLOCUTORY APPLICATION NO._________ OF 2016
(Application for substitution to bring on record the LRs. of deceased Respondent Nos. 6 and 8)
IN
CIVIL APPEAL NOS. 3281-3186 AND 3287 OF 2014
Union of India & Ors. ...Appellants
VERSUS
Ex. Hav. Gian Singh & Ors. etc. ...Respondents
OFFICE REPORT
The matters were listed before the Ld. Registrar Court on 19th April, 2016, when the following order was passed:-
"C.A. Nos.3281-86/2014
Respondent Nos. 6 and 8 are reported to be dead. The learned counsel for the appellants shall within a period of four weeks take appropriate steps. C.A. Nos.3287/2014."
The office report indicates that the learned counsel for the appellants has filed an application for substitution to bring on record the Lrs. of the deceased respondent No. 3 which is defective. The learned counsel shall within a period of four weeks rectify the defects whatever have been found in the said application."
IN C.A .NOS. 3281-3286 OF 2014
It is submitted that Mr. M.K. Maroria, Advocate has on 17.08.2016 filed Application for substitution to bring on record the Lrs. of deceased Respondent Nos. 6 and 8. However, the same is defective for the following reasons:-
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- Age of the proposed LRs. not mentioned.
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- Averment that 'no other Lrs.' except the Lrs. mentioned in the Application not given.
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- Copy/Photo Copies of Original 'Death Certificate' of both deceased Respondents and proposed Lr. Nos. 6(ii) and 8(i) not given.
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- Proposed of LR. No. 6(ii) has been shown dead but detail of Lrs. of deceased 6(ii) has not been given.
Counsel has been asked vide this Registry's letter dated 20.08.2016 to cure the defects.
IN C.A .NOS. 3287 OF 2014
It is submitted that Counsel has cured the defects found in the Application for subsitution filed on behalf of deceased Respondent No. 3. However, Counsel has not filed withdrawal of the substitution Application filed on behalf of Man Singh whose Lrs. has already been brought on record till date.
The matters are listed before the Ld. Registrar Court for orders with this office report
Dated this the 22nd day of August, 2016.
ASSISTANT REGISTRAR
Copy to:
- 1 Mrs. Anil Katiyar, Advocate Central Agency, SCI., New Delhi.
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- Mr. M.K. Maroria, Advocate Central Agency, SCI., New Delhi.
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- Mr. Abijit Battacharjee, Advocate 14, Lawyers Chambers, Supreme Court Compound, New Delhi.
ASSISTANT REGISTRAR
suantak/c2