# Civil Procedure as also sections 102 and 103 of Chapter IV of General Rules (Civil)

- **Citation:** C. L. No.30/2007
- **Court:** Allahabad High Court
- **Decided:** 2007-08-29
- **Case number:** C. L. No.30/2007
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/civil-procedure-as-also-sections-102-and-103-of-chapter-iv-of-general-rules-163129
- **Pages:** 2

## Text

146
Civil Procedure as also sections 102 and 103 of Chapter IV of General Rules (Civil),
1957.

Therefore, while enclosing herewith a copy of order dated 3.11.2006 passed in
C.M. Writ Petition No. 59282 of 2006 aforesaid, I am directed to request you to kindly
ensure strict compliance of the provisions contained under Order 5 Rule 2 of the Code of
Civil Procedure and Sections 102 and 103 of General Rules (Civil) 1957, failing which
the responsibility should be fixed on the erring officer.

I am, also to add that the order referred to herein above as well as the contents of
the circular letter be communicated to the Judicial Officers posted in your Judgeship for
their guidance and strict compliance.
C. L. No.30/2007: Admin 'G' Dated :.29 August, 2007
On the above subject, I am directed to say that in the Chief Justices Conference2007 upon consideration of matter of service of summons it has been resolved that the
courts should resort to the amended provisions of Code of Civil Procedure providing
service of summons through courier, fax, e-mail, etc.
I am, therefore to request you to kindly bring the contents of the Circular Letter to
the notice of all the Judicial Officers working under your supervisory control for strict
compliance of the directions of the Hon'ble Court.
(x)
Publication of notices
Guidelines for issuing summons/Judicial processes in the matters of diplomats of
foreign embassies situated in India.
C.L. No. 17/2009 Admin. (G-II): Dated: 28.04.2009

In continuation of Hon'ble Court's earlier Circular Letter No. 33/VIII-B-31-50,
dated 16th May 1950 read with G.O. No. 1967 (1)/VII 372-50 dated 6th May, 1950, I am
directed to say that upon consideration of Letter No. F.No. 12(30)/2008-Judl. Dated 17th
September 2008, having been received from the Ministry of Law and Justice,
Government of India registering protest against practice by courts issuing summons to
diplomats working in embassies of foreign states in India despite immunities and
privileges being available to them under Diplomatic Relations (Vienna Convention) Act,
1972 and Vienna Convention on Diplomatic Relations, the Hon'ble Court has desired
that all the Courts of the state be directed to observe the provisions made under Article 31
of the Diplomatic Relations (Vienna Convention) Act, 1972 which provides immunities
& privileges available to diplomats in judicial matters and also the procedure to be
adopted in service of judicial processes to diplomats, in case deemed necessary. In
matters other than those covered under the diplomatic immunity, the judicial process can
be served through the Ministry of External Affairs and not directly by the courts.

While enclosing a copy of the above letter dated: 17.09.2008 of the Ministry of
Law & Justice alongwith its enclosures, I am, therefore, to request you to kindly ensure
strict compliance of the above directions of the Hon'ble Court by all the courts under
your administrative control.
147
(a)
Changes for publication of insolvency notices in Government Gazette
C.L. No. 64/1-Xf-36 dated 11th November, 1935
The changes for the publication of a notice under the Provincial Insolvency Act
(V of 1920) in the Uttar Pradesh Gazette is Rs. 8. The Cost of one copy of Part VIII of
the Gazette in its English and Hindi versions is Re.1, and Re. 0.75, respectively while
sending the insolvency notices to the Press for publication in the Gazette a deposit of Rs.
9 for the notices in English version and Rs. 8.75 for the notices in Hindi version should
be made in the local treasury in favour of the Superintendent, Printing and Stationery,
U.P.* under the head ̳XLV**-Stationery and Printing-Advertisements and sales of
Gazettes'.
G.L. No. 76/94-2(52) dated 27th November, 1937
Insolvency courts should while sending notices to the office of the superintendent,
Printing and Stationery, *U.P., for publication in the Gazette, certify that the publication
charges including the cost of Gazette, have been deposited in the treasury in favour of the
Superintendent, Printing and stationery,**U.P. Allahabad.
(b)
Publication of court notices in newspaper
G.L. No. 61-46/25-913 dated 28th September, 1937 modified by
G.L. No. 12/46/25-992 dated 21st March, 1938 and
C.L. No. 12/Xf-12 dated 15th February, 1949

Courts should select newspapers through which information is most likely to
reach the party to be served. Notices should thus ordinarily be published in daily
newspaper with extensive circulation or in weekly newspapers with the largest circulation
in the district where the parties to be served reside. Mere economy irrespective of the
extent of circulation of the paper will not serve the purpose of publication of a notice in a
newspaper:

Every court should maintain a register containing the following information:
(1)
Name of office,
(2)
Number of suit or proceeding,
(3)
Name of district in which parties to be served with notices reside,
(4)
Paper to which notice was sent for publication,
(5)
Place of publication of paper,
Explanation of any departure from the directions in G.L. no.
1246/25-1992, dated the 21st March, 1938.
(6)
The register maintained by each court should be put up before the District
Judge for perusal on the 1st each month.

* Note: Now Director, Printing and Stationery.
** Now ̳0058'