# for simultaneous service by registered post as well

- **Citation:** C.L. No. 52/IV
- **Court:** Allahabad High Court
- **Decided:** 1977-03-10
- **Case number:** C.L. No. 52/IV
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/for-simultaneous-service-by-registered-post-as-well-163102
- **Pages:** 2

## Text

134
C.L. No. 52/IV h-36 dated 10th March, 1977
Summons should be served by ordinary process unless the party interested applies
for simultaneous service by registered post as well.
C.E. No. 43/IV -h-36 dated 8th March, 1977

If acknowledgement due receipts are not received after one month from the date
of dispatch of summons by registered post, the concerned Presiding Officer should take
up the matter in writing with the local post master.
C.L. No. 40/VIII-B-9 (Admn.) dated 4th June, 1981

The summons issued by courts should be complete in all respects and should
contain a copy of the plaint and bear full and correct endorsements so that the authority
required to take action thereon is not put to any inconvenience due to the aforesaid
defects.
C.L. No. 136/VIII b-13 dated 4th December, 1978

Strict compliance of the provisions of Order-V rule 23d C.P.C should be done by
all officers concerned with regard to return of summons etc. received from the courts of
the other districts for service, and such summons etc. should invariably be returned to the
issuing courts after service.
(iv)
Processes
(a)
Issuance of
G.L. No. 1902/35 (a)-1(7) dated 9th March, 1921 read with
C.L. No. 25d dated 19 March ,1959

Ordinarily every process shall be written in the court language. But where a
process is sent for execution to a court where the court language is different it shall be
written in English and shall be accompanied by a letter in English requesting its
execution.

In cases where the return of service is in a language different from that of the
district from which it is issued it shall be accompanied by an authorized English
translation.
C.L. No. 100/VIII b-16 dated 6th October, 1951
When notices, summonses, etc. are to be issued to the Reserve Bank of India they
should be issued in English.
G.L. No. 2645 dated 10th July, 1924
The address for service shall in no case be destroyed so long as an appeal in a
case is pending.
C.L. No. 39/Xa-14 dated 1st June, 1955
Under rule 2, order V of the Code of Civil Procedure every summons or notice
has to be accompanied by a copy of the plaint or application. The Munsarims in various
courts should see that the necessary copies are sent for service along with summonses and
135
notices. Any official found responsible for neglect in this respect should be seriously
dealt with.
G.L. No. 51/46/92-120 92 dated 13th December, 1939
Emergent processes, if received by 2 p.m. should be sent out for service by the
next day and other processes as soon as possible.
Process servers should, as a rule, go to the person seeking service or to his agent if
so mentioned in the summons, in case the person seeking service or his agent lives in the
same village or quarter in which the person sought to be served resides.
(b)
 Court's responsibility
C.L. No. 1405/67-2 dated 1st March, 1927
The attention of all civil courts is drawn to the following matters:
(1)
Order XXI, rule 107, should be studied and decision as to the character of
property to be sold whether ancestral or not, should not be arrived at
without notice to the judgment-debtor.
(2)
Presiding Officers of courts should pay personal attention to the service of
notice by publication, and should themselves choose a suitable newspaper
and not leave the choice to the execution clerk.
(3)
It is advisable that all notices to the judgment- debtor under rules 22,66
and 107 of Order XXI should be issued at the same time.
(4)
Proceedings under Order XXXI subsequent to the passing of the
preliminary decree are proceedings in suit and should not be treated as a
miscellaneous case and should not be entered in the register in form 70 or
74 of General Rules (Civil), 1957.
(c)
 Service of processes
Against Railways and income Tax Department
G.L. No. 48/72 dated 27 August, 1934 read with
G.O. No. 3901/F-1649 dated 26th July, 1934
Processes issued from the civil courts of Uttar Pradesh under rule 4 of Order
XXVII of the Code of Civil Procedure against Railways or the Income Tax Department,
should not be served on the Government Advocate but on the Agent of the Railway
concerned or the legal Adviser to the Income Tax Department, U.P.
G.L. No. 5/VIId-132 dated 23rd January 1947
The notice of a suit under section 80 of the Code of Civil Procedure, 1908, against
the Government involving a claim against the Railway Administration should be
addressed to the Secretary to the Government of India, Railway Department (Railway
Board)
C.L. No. 49 dated 23 May, 1969
District Judges should impress upon all the presiding officers working under them
that except when under any statute or rule of the Court the notice is required to be served