SC Registrar declines to register 13,147 matters with uncured defects since August 2014
Sep 17, 2022
New Delhi [India], September 17 : Observing that many cases had been filed more than eight years ago but defects have never been rectified, the Supreme Court Registrar has decided not to register 13,147 matters that have had uncured defects since August 19, 2014.
In a notification, the top court Registrar, Chirag Bhanu Singh observed that "a bunch of 13,147 unregistered but diarized cases have been registered prior to the year 2014, to be precise before August 19 2014."
It further noted that these cases had been filed more than 8 years ago and as per the practice then in vogue, the matters had been returned to the counsel/petitioner-in-person for rectifying the defects noticed in the matters respectively.
"They have never been rectified ever. Nothing has been heard thereafter either from the Counsel or the party-in-person, in respect of these diary numbers," the notification stated.
After the coming into force of the Supreme Court Rules, 2013 that is after August 19, 2014 only, a provision was made a to retain one copy of the plaint and court fee stamps with the Registry. The defects in these matters had come to be notified to respective counsel/petitioner-in-person years back and the parties were to cure the same within 28 days.
"The amended statutory provisions envisaged for the same under Order 8 Rule 6 (3), read with Order 3 Rule 8 (6) also clearly shows so. Though subject to discretion, vested by virtue of the Supreme Court Rules itself, at least within 90 days. (As per amended Supreme Court Rules, 2013). The parties have failed to take any effective steps for years at end to rectify and cure the defects so notified," said the notification.
It further said the statutory period for curing the defects is well over. Seemingly the parties do not intend to prosecute the list any further.
Needless to reiterate that the essence of curing the defects within 28 days and the power of the Registrar to lodge the same if defects remain unattended, literally remained unaltered under both the 1966 and 2013 Rules framed by this Court, it added.
"For all the reasons discussed hereinabove, I am constrained but to hold that there is no valid and plausible reason to allow the aforesaid matters to be received for registration. I decline to register the aforesaid diary numbers," said the Supreme Court Registrar.
