# of practice and circular orders mentioned above

- **Citation:** C.L. No. 61/VIII-h
- **Court:** Allahabad High Court
- **Decided:** 1924-02-11
- **Case number:** C.L. No. 61/VIII-h
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/of-practice-and-circular-orders-mentioned-above-163118
- **Pages:** 2

## Text

140
I am also to state that this Registry has also issued necessary circular instructions
to the Subordinate Civil Courts in this State to adhere strictly Rule 55 of the Civil Rules
of practice and circular orders mentioned above.
(ix)
 Service of notices
(a)
Registered addresses for service
G.L. No. 421 dated 11th February, 1924

The rules made by this court under orders VII and VIII of the Code of Civil
Procedure require every party in the trial court to file an address for service. Order VII,
rule 22 provides that affixation to the outer door at such address may be sufficient and
that if the party be not present on the date fixed, service by registered post shall suffice.
By rule 12, Order VIII, this rule applies to appeals as well. Yet the courts below continue
to report from time to time that service by affixation is insufficient, which often results in
a waste of time and labour in the High Court.

The attention of all subordinate courts is drawn to the provisions of Order VII
rules 19-25 and Order VIII, rules 11 and 12.

District Judges should make it a point to see, when inspecting their own and the
subordinate courts that these rules are being complied with.
G.L. No. 35/VIII-18 dated 13th May, 1964
Notices for service on parties residing within the municipal limits of the city of
Ahmedabad should be address to the Principal Judge, City Civil Court- Ahmedabad.
G.L. No. 2590/6713 dated 5th July, 1924
Subordinate courts appear to experience some difficulty in deciding whether
service is sufficient, because there is nothing to show whether the addresses of parties to
which notices from this Court have been issued are or are not the addresses furnished by
them for service under Order VII, rule 19, or Order VIII, rule 11.

To obviate this difficulty it is directed:
(1)
that whenever an address has been filed for service under either of the

above rules, such address shall be entered in the final decree or formal

order instead of the address given in the plaint;
(2)
that the decree or formal order shall indicate that the address is that filed

for service under the above rules, either by the insertion in brackets

immediately after such address of the number of the rule under which

it was filed or in some other way. Whenever no such indication appears it

will be understood that no address for service was filed by the party in

question.
Notices then issuing from the High Court will contain an endorsement to the
effect that the address given is the address furnished by the party for service, by the
insertion in red ink in brackets immediately after the address of the letter ―F.S.‖ (i.e. filed
for service under one of the above rules).
141
G.L. No. 49/67-4 dated 14th September, 1935
The above rules and rule 19, Order VII, and rule 11, Order VIII of the Code of
Civil Procedure are framed more for the facility of appellate courts than for that of the
courts of first instance, and so the non-observance of these rules causes great
inconvenience to the appellate courts including the High Court and defeats the purpose
for which they were framed.
Order VII, rule 20, Civil Procedure Code
Order VIII, rule 12, Civil Procedure Code
A reference to the rules noted in the bloc will indicate that addresses for service
of the parties must be within the limits of the State of Uttar Pradesh. They should be filed
in Form 17 or 18. Appendix H of the Code of Civil Procedure and subordinate courts
should always insist that full and accurate Particulars are furnished in the addresses for
service filed by the parties, so that processes can easily be served at those addresses
through process- servers and also through post. A registered address like the following is
useless for the purpose as a process cannot be served on the person either through a
process-server or by post.
Name Parentage and caste
Residence
Pargana or Tahsil
Post office District
Ram Swarup son of Har
Prasad Kurmi
Allahabad
Allahabad
Allahabad
Allahabad

An applicant residing in a town or city must be asked to give the number of his
house, the name of the road or the Mohalla but an applicant residing in a village may give
the name of his village, post office and other particulars of his residence so that there may
not be any difficulty in finding him out.
G.L. No. 15/67-h 3 dated 25th March, 1938 and
C.L. No. 61/VIII-h dated 29th May, 1972

The rules below require the particular attention of subordinate courts:
(1)
Every plaint or original petition should be accompanied by an address for
service which is called the ―registered address‖ and if any plaintiffs or
petitioners are subsequently added, they should immediately file their
registered addresses. These addresses must be written in English in block
letters (Order VII, rule 19).
(2)
Registered addresses must be within the limits of the State of Uttar
Pradesh (Order VII, rule 20). It is thus important to remember that
registered addresses at places beyond the State of Uttar Pradesh should not
be accepted.
(3)
Every party, whether original, added or substituted, who enters appearance
in any suit or proceeding must similarly file an address for service written
in English and in block letters, and the address for service must be within
the limits of the State of Uttar Pradesh (Order VIII, rule 11); if this address
is not filed, the defence is liable to be struck off.