Listed On 25-02-2021
Court No.12
Item No. 22

SECTION IV-B

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 5916 OF 2011

WITH PRAYER FOR INTERIM RELIEF

Process Id: 262/2021

HARNAM KAUR (D) THR.LRS. Versus ... Petitioner
KARNAIL SINGH (D) THR.LRS.. AND OTHERS ... Respondent

OFFICE REPORT ON DEFAULT


The matter above mentioned was listed before the Ld. Registrar Court on 27.2.2020 alongwith connected matters, when the following order was passed :

"SLP(C) No. 5916/2011 

 Respondent nos. 1(ii) to 1(iv), 3(i), 3(iv) to 3(vi) have failed to file counter affidavit in terms of Order XXI Rule 14(1), Supreme Court Rules, 2013, as such, further opportunity is declined, vakalatnama filed on 15.10.2015. 

Substitution dismissed in respect of respondent nos.2 (iv) & 3(ii) & 3(iii) vide Hon’ble Judge in Chambers order dt. 11.9.2019 & 11.1.2018.

 Service is complete on respondent no.2 (i) to (iii) but none has entered appearance. 

 Ld. Counsel for the petitioner has not cured the defects in the application for substitution in respect of respondent no.1(i) (Dead), despite registry’s letter, as such, registry to process the matter for listing before the Hon’ble Judge in Chamber for orders."


It is submitted that Counsel for the Petitioner has on 5.4.2019 filed an application for substitution of deceased Respondent NOo.1(a) along with application for condonation of delay and application for setting aside abatement but the same is defective as the original Death Certificate attached with the application is in Vernacular language (i.e. in punjabi) and the counsel has not filed translated copy of the same along with application for exemption from filing official translation of the death certificate so far despite this registry letter.

The Office Report on Default of the petitioner for not curing the defect in the application for substitution is listed before Hon'ble Judge(In Chamber)

Dated this the 24th day of February, 2021.



ASSISTANT REGISRTAR