# distributed among newspaper with a wide circulation

- **Citation:** C.L. No. 85/Xf-12
- **Court:** Allahabad High Court
- **Decided:** 1952-04-16
- **Case number:** C.L. No. 85/Xf-12
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/distributed-among-newspaper-with-a-wide-circulation-163135
- **Pages:** 2

## Text

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C.L. No. 85/Xf-12 dated August, 1951
In sending notices for publication to newspaper published from any particular
place, the presiding officer should see that notices are, as far as possible, equally
distributed among newspaper with a wide circulation.
The District Judge should ask for the rates for the publication of notices from
newspapers in which such notices are ordinarily likely to be published and satisfy himself
that the charges are reasonable and not exorbitant. The rates should be circulated to all
subordinate courts for information.
C.L. No. 54/X-12 dated 16th April, 1952

The above directions apply to the publication of court summons, notices and other
judicial processes, while the directions contained in G.O. No. 2501(i)/XIX-34-1946,
dated the 4th September, 1951, apply only to the publication of Government
advertisement, tender notices etc.
C.L. No. 5/Xc-5 dated 1st December, 1948

Extract from General Administration Department, G.O. no.2821/I/170(5)-1948,
dated the 18th June, 1948 is reproduced below for the information and guidance of all
District Judges:
(1)
Under G.O. no. 4686/III-170-47, dated the 8th October, 1947, it is
incumbent on the courts and other authorities concerned to issue their
notices, summonses, etc. in Hindi in the Devanagri script. But a question
was raised whether these instructions made it incumbent on the issuing
authorities also to require the publication of notices, etc. in Devanagri
script even when due to the circumstances of a particular case it might be
required that they may be published in non-Hindi newspapers.
(2)
The mere fact that a summons or notice has to be published in a non-Hindi
newspaper is by itself not sufficient to justify the publication of the
document in a language and script other than Hindi in Devanagri script.
Even prior to the declaration of Hindi as the language of the State, nonHindi newspapers on occasions used to publish court notices, etc. in Hindi
in Devanagri script. There is no objection to the publication of court
notices or summonses in Hindi in Devanagri script in non-Hindi papers.
(3)
It is, however, necessary to bear in mind the interest of the litigant public
and it is for this reason that court notices, summonses, etc. are under
standing orders, to be issued to those papers which command an adequate
local circulation and are expected to reach the persons for whom the
notices are intended.
(4)
Court notices, summonses etc. should of course continue to be issued in
the Devanagri script. But if, in any case, the authority considers that it is
essential to publish them in a language other than Hindi written in
Devanagri script then the issuing authority will have discretion to order
the actual publication of the notices or summons otherwise than in
Devanagri script though the original is in that script. In exercising this
149
discretion the issuing authority will consider the special circumstances of a
case to see whether it is necessary that the summons or notice, though
issued originally in Devanagri script, should be translated or transliterated
and published in a language or script other than Hindi. If the issuing
authority is so satisfied it shall, after recording the reason, make an order
to the effect that though the document has originally been issued in Hindi
in the Devanagri script its translation or transliteration may be published
in a language or script other than Hindi. The question of the publication of
a summons or notice otherwise than in Hindi in Devanagri script is not to
be left merely to the wishes of the party or parties concerned, but has to be
decided by issuing authority itself after considering all the aspect of the
case.
C.L. No. 61/Xf-12 dated 28th September, 1983

In view of the provisions of C.P.C. the publication of court summonses, notices
and other judicial processes in the newspapers, henceforth, shall be governed by the
provisions of sub-rule (1A) of rule 20 of order V of Civil Procedure Code. The other
instructions contained in Court's C.L. No. 54/Xf-12 dated 16.4.1952 and C.L. No. 85/Xf
-12 dated 18.8.1951, regarding publication of Government Advertisements etc. in the
newspapers and regarding distribution of notices and rates for publication of notices in
the newspapers, shall continue to remain in force as before.
C.L. No. 29/Xe-5(SC) dated 29th April, 1983 and
C.L. No. 1/Xe -5(SC) dated 7th January, 1985

All notices, summonses etc. shall invariably be issued or sent for publication in
newspaper in the forms as given in Hindi edition of Civil Procedure Code, Criminal
Procedure Code etc. published by the Government and no lapse should recur in this
regard otherwise serious view will be taken by the Court in the matter.
(4)
STAY AND INJUNCTION ORDERS
C.L. No. 68 dated 25th July, 1957

An order staying proceeding under section 10 of the Civil Procedure Code is a
judicial order and should be passed only after the court has been satisfied that the matter
in issue is directly and substantially in issue in the previously instituted suit and that the
previously instituted suit is still pending. If the previously instituted suit has been
disposed of and only an appeal or revision is pending the court must hold that it is still
pending within the meaning of section 10 before it can stay the proceedings. The finding
that the matter in issue is directly and substantially in issue in a previously instituted suit
should not be given without legal evidence, and certainly not on vague or sweeping
information. If the suit itself is pending, copies of the pleadings should be require to be
filed, and if an appeal or revision is pending, copies of the judgment of the trial court and
of the memorandum of appeal or of the application for revision should be required. The
court should be in possession of all the necessary information about the previously
instituted suit, e.g., its number and year and names of the parties and the court where it is
said to be pending. After the proceedings have been stayed, periodical enquiries should