# on Attorney General himself, no other notices or summonses for effecting service on

- **Citation:** C.L. No. 6/VIII-h-28
- **Court:** Allahabad High Court
- **Decided:** 1996-07-11
- **Case number:** C.L. No. 6/VIII-h-28
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/on-attorney-general-himself-no-other-notices-or-summonses-for-effecting-service-163109
- **Pages:** 2

## Text

136
on Attorney General himself, no other notices or summonses for effecting service on
Central Government officers or an officer serving in any Railway be sent to him.
Against State Government
C.L. No. 6/VIII-h-28 dated 13 January, 1953 and
C.L. No. 124 dated 6th December, 1969
Rule 4, Order XXVII of the Code of Civil Procedure and notification No.
721/VII-312, dated the 27th August, 1941, reproduced in Appendix C to the Legal
Remembrancer's Manual, Fourth Edition, require that the processes against State
Government be served on the authorized representatives of the Government and not on
the Chief Secretary or any other Secretary to the State Government. As laid down in rule
4, Order XXVII, Civil Procedure Code, Government Pleaders (Now designated in this
State as District Government Counsels) are the agents of the Government for the
purposes of receiving processes against the Government.
All the processes issued against the State Government should be served on the
District Government counsel instead of the Chief Secretary or any other Secretary to the
state Government.
Effective control
C.L. No. 78/Admn. (D) dated 1st August, 1978
The Court has accepted the following recommendation of the committee for
investigation of causes of corruption in subordinate courts U.P., regarding process
servers:-
(a)
Presiding Officers and the officer-in-charge of the Nazarat should exercise
strict supervision and control over the process-serving staff.
(b)
The efficiency and integrity of the process servers should be judged on the
basis of the amount of personal service affected by them.
(c)
Process-servers giving less than 75 per cent personal service without any
satisfactory explanation for the fall in their outturn should be suitably
punished by fine or even by reduction of their salary.
(d)
The percentage of successful service made by the process-servers should
be taken into consideration at the time of their confirmation and
promotion.
(e)
For a false or fictitious report the process-server should be severely
punished.
(f)
All the presiding officers and the officer-in-charge, Nazarat should
implement these instructions forthwith so that they may be able to keep
strict supervision and control over the working of the process-serving
staff. It is also impressed upon them that those process severs whose
personal service report is less than 75 per cent or who make false or
fictitious reports, should be suitable dealt with as contemplated in the said
recommendations.
137
(g)
The percentage of successful service made by the process-servers should
also be given due weightage at the time of their confirmation and
promotion.
C.L. No. 105/Admn. (D) dated 23 September, 1978
The reports of the process- servers are often not complete and notices etc. are not
affixed on the doors of the parties and witnesses according to the directions contained in
rules 138 and 139 of the General rules (Civil).
The District Judges should impress upon all concerned that the directions
contained in the aforesaid rules regarding mode of service of processes and notices to the
parties are complied with strictly.
C.L. No. 104/IV h-36 dated 16th June,1976
Departmental action against process-servers, found grossly delinquent in their
performance in the sense of having knowingly submitted incorrect reports, should be
taken. District Judges should take steps to educate the process-servers, regarding proper
service of processes and submission for reports.
(d) Process issued for service in the foreign countries.
No. 33/ VIII-C-6/ Dated: July 11, 1996
 It has been brought to the notice of the court that processes for service in
foreign countries are being issued by the various court in the State directly and in
complete disregard of the specific provisions contained in Rules 16 chapter III of
General Rules (Criminal). The court takes serious view of the matter.
 I am, therefore, to ask you to please ensure strictly compliance of the aforesaid
provision by all concerned.
 (v)
Service or Summonses upon the members of the House
C.L. No. 3/VIlle-24/Admn.(G-2) dated 13 January, 1993
I am directed to invite your attention to Rule 121 of General Rules(Civil) and
Rule 15 of General Rules (Criminal) and marginally noted circular letters on the above
subject, and to say that it had repeatedly been emphasised in the marginally noted
Circular letters that it is not desirable that
Courts should attempt to serve summonses
upon any member of the House through
the
Presiding
Officers
or
through
Parliament Secretariat. It had also been envisaged that summonses should be served
direct upon the members out-side the precincts of the House of Parliament or State
Legislature, as the case may be i.e. at their residence at some other place as required by
the provisions of General Rules (Civil) and General Rules (Criminal).
I am to add that it has come to the notice of the Court that inspite of instructions
contained in General Rules (Civil) and General Rules, (Criminal) and aforementioned
Circular letters issued by the Court in this respect, subordinate courts send summonses to
1. G.L.No.4/V111b-28, dated 12.9.53
2. C.L. No.16/VI11-28 dated 20.3.68
3. C.L. No.32/VII1-26G, dated 7.5.84