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(2008) 10 Supreme Court Cases 695
(BEFORE B.N. AGRAWAL AND G.S. SINGHVI, JJ.)
PRAMOD – Appellant
Versus
STATE OF MAHARASHTRA AND OTHERS – Respondents.
SLP (C) No. 14001 of 2005,
Decided on September 1,2008
Substitution - Legal Representatives - Dismissal of Special Leave Petition
Fact of the Case:
The petitioner was granted time to substitute the legal representatives of Respondent 5, but failed to do so despite multiple opportunities. As a result, the special leave petition was dismissed.
Finding of the Court:
The court found that the petitioner had not taken any steps to file a substitution application for the legal representatives of the deceased Respondent 5, leading to the dismissal of the special leave petition.
Issues: Failure to substitute legal representatives, non-compliance with court orders
Ratio Decidendi: The court's decision was influenced by the petitioner's failure to comply with the court's orders to substitute the legal representatives of the deceased Respondent 5.
Final Decision: The special leave petition was dismissed due to the petitioner's failure to take steps for substitution of legal representatives, rendering the petition defective.
ORDER
1. Heard learned counsel for the petitioner.
2. It appears that on 16-4-2008 four weeks time was granted to the petitioner to take steps for substitution of legal representatives of Respondent 5. Thereafter, on 12-5-2008 four weeks time was granted by way of last chance for taking the aforesaid steps. Though a period of more than three months from that date has expired, the petitioner has not bothered to file any substitution application. The learned counsel for the petitioner stated that he has sent several letters to his client but he is not responding. Respondent 5 is the only contesting party in this case. As no steps have been taken for substitution of the legal representatives of deceased Respondent 5, we have no option but to dismiss the special leave petition, the same having become defective.
3. The special leave petition is, accordingly, disposed of.
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