SECTION XIV

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 24312-15 & 24317-23 OF 2017

WITH

WITH

INTERLOCUTORY APPLICATION D.NO. 30976/2021

(Application for substitution to bring on record the Lrs. of deceased respondent No. 2 in SLP(C) No. 24315/2017)

AND

INTERLOCUTORY APPLICATION D.NO. 30977/2021

(Application for condonation of delay in filing substitution application of deceased respondent No. 2 in SLP(C) No. 24315/2017)

AND

INTERLOCUTORY APPLICATION D. NO. 54572/2021

(Application for substitution to bring on record the Lrs. of deceased respondent No. 1 in SLP(C) No. 24313/2017)

AND

INTERLOCUTORY APPLICATION D. NO. 54575/2021

(Application for condonation of delay in filing substitution application of deceased respondent No. 1 in SLP(C) No. 24313/2017)

AND

INTERLOCUTORY APPLICATION D. NO. 54578/2021

(Application for substitution to bring on record the Lrs. of deceased respondent No. 3 in SLP(C) No. 24315/2017)

AND

INTERLOCUTORY APPLICATION D. NO. 54582/2021

(Application for condonation of delay in filing substitution application of deceased respondent No. 3 in SLP(C) No. 24315/2017)

AND

INTERLOCUTORY APPLICATION D. NO. 45105/2021
(Application for substitution to bring on record the Lrs. of deceased respondent No. 7 in SLP(C) Nos. 24317-23/2017)

AND

INTERLOCUTORY APPLICATION D. NO. 45106/2021

(Application for condonation of delay in filing substitution application of deceased respondent No. 7 in SLP(C) No. 24317-23/2017

AND

INTERLOCUTORY APPLICATION D. NO. 113429/2021

(Application for setting aside abatement to bring on record the Lrs. of deceased respondent No. 7 in SLP(C) Nos. 24317-23/2017)

Process Id: 117/2021

OFFICE REPORT

The matters above-mentioned were listed before the Hon'ble Judge in Chambers on 13th August, 2021, when His Lordship was pleased to pass the following order:

"SLP (C) Nos. 24312-24315 of 2017

Learned counsel for the petitioner(s) prays for and is granted four weeks time to cure the defects, namely, (i) non-payment of court fee, (ii) filing of original death certificate and (iii) non- filing of separate application for setting aside abatement.

Learned counsel for the petitioner(s) further prays for and is granted four weeks time from today to cure the defects in the application to bring on record the legal representatives of deceased Respondent No.1 in SLP (C) No.24313/2017 and Respondent No. 3 in SLP (C) No. 24315/2017 and the application for condonation of delay.

Learned counsel for the petitioner also prays for and is granted four weeks time to take steps to file fresh particulars in respect of unserved respondents and to file application for substitution to bring on record the legal representatives of deceased respondent No.1 in SLP (C) Nos. 24312-15/2017.

SLP(C) No. 24317-24323 of 2017

Learned counsel for the petitioner prays for and is granted four weeks time to cure the defects in the application for substitution to bring on record the Legal Representatives of deceased Respondent No.7.

In the meantime, steps be taken in respect of unserved Respondent No.5."

SLP(C) No. 24312-15?2017:-

It is submitted that pursuant to Order quoted above, counsel for the petitioner has on 11.09.2021 filed the requisite Court fee in support of I.A. D. No. 30976/2021 (application for substitution to bring on record the Lrs. of deceased respondent No. 2) and I.A. D. No. 30977/2021 (application for condonation of delay in filing substitution application of deceased respondent No. 2 but the same is still defective for the following reasons as (i) Original copy of death certificate is not filed and (ii) separate application for setting aside abatement not filed. However, copies of the same have been included in SLP paper books. However, it may be mentioned that deceased respondent No. 2 in SLP(C) No. 24315/2020 is common deceased respondent No. 1 in SLP(C) No. 24317-23/2017 and application for substitution to bring on record the said Lrs. has already been allowed vide Hon'ble Judge in Chamber's Order dated 27.11.2020.

It is further submitted that counsel for the petitioner has on 15.04.2021 filed applications for substitution to bring on record the Lrs. of deceased respondent No. 1 in SLP(C) No. 24313/2017 (died on 04.01.2013) (I.A. D. No. 54572/2021) and respondent No. 3 in SLP(C) No. 24315/2017 (died on 18.01.2004) (I.A. D. No. 54578/2021) along with applications for condonation of delay of 2993 and 6297 days in filing substitution application (I.A. D. Nos. 54575 & 54582 of 2021) which was defective for the reasons as (i) Original/scanned copy of the death certificate not filed, (ii) the separate applications for setting aside abatement not filed (iii) page Nos. are not mentioned against Annexures. Counsel for the petitioner has not cured the defects pursuant to Order quoted above. However, copies of the same have been included in SLP paper books.

It is further submitted that counsel for the petitioner has on 09.09.2021 filed spare copies for issuance of notice to unserved respondent No. 1 in SLP(C) No. 24312/2017, respondent No. 1 in SLP(C) No. 24313/2017, respondent Nos. 1 to 7 in SLP(C) No. 24314/2017 and respondent Nos. 3 & 4 in SLP(C) No. 24315/2017 but since he has not filed the fresh particulars, hence notice could not be issued. He has also not filed application for substitution to bring on record the Lrs. of deceeased respondent No. 1 (Mr. Bebak Singh) in LP(C) No. 24312-15/2017.

It is further submitted that Mr. Praveen Chaturvedi, Advocate for the petitioner has not filed vakalatnama/appearance on behalf of petitioner No. 2 in SLP(C) No. 24314/2017. Letter for clarification in this regard to counsel for the petitioner was issued on 22.01.2021 but no reply has been received from the counsel so far.

Service is not complete on respondent No. 1 in SLP(C) No. 24312/2017, respondent No. 1 in SLP(C) No. 24313/2017, respondent Nos. 1 to 7 in SLP(C) No. 24314/2017 and respondent Nos. 3 & 4 in SLP(C) No. 24315/2017.

SLP(C) Nos. 24317-23/2017:-

It is submitted that pursuant to order quoted above, counsel for the petitioner has on 08.09.2021 filed an application for setting aside abatement (I.A. D. No. 113429/2021) in support of application for substitution to bring on record the Lrs. of deceased respondent No. 7 and also filed a letter stating therein that respondent No. 7 expired during the pendency of the case in High Court and date of death is already on record before the High Court and petitioner does not have the copy of death certificate, hence the said defect may kindly be ignored. The application for substitution to bring on record the Lrs. of deceased respondent No. 7 (I.A. D. No. 45105/2021) along with application for condonation of delay in filing substitution application (I.A. D. No. 45106/2021) is still defective for the reasons as (i) Application for condonation of delay is not addressed to Hon'ble the Chief Justice of India and other Companion Judges (ii) Delay days are wrongly mentioned as delay of 1200 days in place of 7238 days in filing substitution application. However, copy of the same has been included in SLP paper books.

It is further submitted that fresh show cause notice to unserved respondent No. 5 on fresh address was issued on 17.09.2021 by regd. A.D. As per India Post tracking report, service report is not conclusive in respect of respondent No. 5.

Service is not complete on respondent No. 5.

The matters above-mentioned are listed before the Hon'ble Judge in Chambers with this office Report.

Dated : September 22, 2021