Union of India & Ors. Vs. H.P. Ram & Ors.
EmailAppeal: I.A. No. 3
In
Civil Appeal No. 4395 of 1997
In
Civil Appeal No. 4395 of 1997
Petitioner: Union of India & Ors.
Respondent: H.P. Ram & Ors.
Apeal: I.A. No. 3
In
Civil Appeal No. 4395 of 1997
In
Civil Appeal No. 4395 of 1997
Judges: DR. A.S. ANAND, CJI, N. SANTOSH HEGDE & K.G. BALAKRISHNAN, JJ.
Date of Judgment: Aug 28, 2000
Head Note:
PRACTICE AND PROCEDURE
Constitution
Article 136 – SLP – Default pointed out by office – Time granted to remove default – Two of the respondents having died even when matter pending before CAT – Defaults since not removed. Held that appeal is dismissed for non-prosecution.
(Paras 2,3)
JUDGEMENT:
ORDER
1. On 27th March, 2000 we made the following order ;
“Further action in this appeal has been held up because of the persistent defaults committed by the Union of India. Learned Coun-sel appearing for the Union of India prays for final opportunity to remove the defects pointed out in the Office Reports. We grant the prayer and give two weeks’ time to do the needful.”
2. An application has been filed for bringing on records the LRs. of respondent nos. 11 and 14, who were both dead when the peti-tion was filed in this Court. They had died on 22nd August 1994 and 25th January, 1996 respectively, when the matters were pend-ing before the Central Administrative Tribunal, Mumbai. Proof of service of notice of motion has also not been filed. In the default office report dated 15th September, 1999 certain defects were pointed out and at the request of learned Counsel for the respondents, six weeks’ time was granted to remove the defects. Needful was, however, not done. Default office report dated 17th August, 2000, reveals that the Counsel has not taken steps to remove the defects which had been pointed out even in the earlier office report dated 8th March, 2000 despite numerous opportuni-ties granted.
3. This appeal, therefore, is dismissed for non-prosecution. No costs.
1. On 27th March, 2000 we made the following order ;
“Further action in this appeal has been held up because of the persistent defaults committed by the Union of India. Learned Coun-sel appearing for the Union of India prays for final opportunity to remove the defects pointed out in the Office Reports. We grant the prayer and give two weeks’ time to do the needful.”
2. An application has been filed for bringing on records the LRs. of respondent nos. 11 and 14, who were both dead when the peti-tion was filed in this Court. They had died on 22nd August 1994 and 25th January, 1996 respectively, when the matters were pend-ing before the Central Administrative Tribunal, Mumbai. Proof of service of notice of motion has also not been filed. In the default office report dated 15th September, 1999 certain defects were pointed out and at the request of learned Counsel for the respondents, six weeks’ time was granted to remove the defects. Needful was, however, not done. Default office report dated 17th August, 2000, reveals that the Counsel has not taken steps to remove the defects which had been pointed out even in the earlier office report dated 8th March, 2000 despite numerous opportuni-ties granted.
3. This appeal, therefore, is dismissed for non-prosecution. No costs.
