Hardip Singh vs Sukhdev Singh on 10 December, 2018

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Supreme Court - Daily Orders

Hardip Singh vs Sukhdev Singh on 10 December, 2018

Bench: Indu Malhotra

                                                      1

     ITEM NO.16                               COURT NO.7                 SECTION IV-B

                                  S U P R E M E C O U R T O F        I N D I A
                                          RECORD OF PROCEEDINGS


                               Miscellaneous Application D.No.27861 of 2018
                                                     in
                                    Review Petition D.No.19261 of 2017
                                                     in
                                Special Leave Petition (C) No.8949 of 2011


     HARDIP SINGH                                                         Petitioner(s)

                                                     VERSUS

     SUKHDEV SINGH & ORS.                                                Respondent(s)

     IA No.105296/2018-Appeal against Registrar’s order dt.4.7.4018
     IA No.123088/2018-APPLICATION FOR CONDONATION OF DELAY)

     Date : 10-12-2018 This matter was called on for hearing today.

     CORAM :
                            HON'BLE MS. JUSTICE INDU MALHOTRA
                                              [IN CHAMBERS]

     For Petitioner(s)                 Mr.   Surya Kant, AOR
                                       Ms.   Shefali Jain, Adv.
                                       Ms.   Drishti Rathore, Adv.
                                       Ms.   Vaishali Gupta, Adv.
                                       Mr.   Karam Vir Singh, Adv.

     For Respondent(s)


                             UPON hearing the counsel the Court made the following
                                                O R D E R

In the present case, the special leave petition was dismissed vide Order dated 9.5.2017. The petitioner filed the present Review Petition D.No.19261 of 2017 on 3.7.2017.

Signature Not Verified

Digitally signed by POOJA ARORA Date: 2018.12.14 17:29:14 IST Reason: 2 The Review Petition was marked as “Defective” as per endorsement of the Assistant Registrar, Supreme Court. Since the Counsel for the petitioner had failed to cure the defects within the prescribed period of 28 days, the Registrar declined to register the Review Petition, and was lodged under Order VIII Rule 6(3) & (4) of the Supreme Court Rules, 2013 vide detailed report dated 4.7.2018.

The petitioner filed an appeal against the Registrar's Order under Order XV Rule 5 of the Supreme Court Rules, 2013 i.e. Misc. Appln. (D) No.27861 of 2018 with an application for Condonation of delay to condone the delay of 11 days.

As per the office report dated 18.9.2018 all the defects in the Review Petition have since been cured, the delay caused in curing the defects and re-filing the Review Petition of 11 days is condoned in the interests of justice. The Order of the Registrar is set aside, and the Review Petition is directed to be registered, and listed before the concerned Bench by circulation, in accordance with Rules.

M.A. (D) No.27861 of 2018 is accordingly disposed of.

      (POOJA ARORA)                                        (CHANDER BALA)
      COURT MASTER                                         BRANCH OFFICER

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