SUPREME COURT OF INDIA

Before:- Dr. A.S. Anand, C.J.I., N. Santosh Hegde and K.G. Balakrishnan, JJ.

I. A. No. 3 in Civil Appeal No. 4395 of 1997. D/d. 28.8.2000.

Union of India and others - Appellants

Versus

H.P. Raut and others - Respondents

Constitution of India, Article 133 - Appeal - Defective Appeal - Defects pointed out by the office - Not removed despite numerous opportunities - Appeal dismissed for non-prosecution.

[Para 2]

ORDER

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 counsel 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 L. Rs. of Respondents Nos. 11 and 14, who were both dead when the petition was filed in this Court. They had died on 22nd August, 1994 and 25th January, 1996 respectively, when the matters were pending 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 opportunities granted.

3. This appeal, therefore, is dismissed for non-prosecution. No costs.

Appeal dismissed.