# rules 138 and 139 of the General rules (Civil)

- **Citation:** C.L. No. 105/Admn
- **Court:** Allahabad High Court
- **Decided:** 1996-07-11
- **Case number:** C.L. No. 105/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/rules-138-and-139-of-the-general-rules-civil-163112
- **Pages:** 2

## Text

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
138
serve upon the members of the House or State Legislature for Service through the
Presiding Officer of the House or State Legislature.
I am, therefore, to request you kindly to ensure that in future service of summonses
upon any member of the House or State Legislature be not served through the Presiding
Officers of the House or State Legislature, as the case may be. The Officers posted in
your Judgeship be apprised of the instructions issued by the Court from time to time in
this respect and it may be ensured that such situation may not arise again otherwise the
Court will take serious view to the non-compliance of the instructions issued by the Court
in this regard.
C. L. No. 20/2007 : Admin. ̳G' Dated : 11.5.2007

While inviting you attention to Rule 121 of General Rules (Civil) and Rule 15 of
General Rules (Criminal) as also marginally noted Court's circular letters regarding
service of summons upon the member of Parliament/State Legislature, I am directed to
say that clear directions/instructions were issued earlier that in pursuance of the aforesaid
rules, courts should not attempt to serve summonses upon any member of parliament or
state Legislature through the Presiding Officers or
through secretariat concerned while the summonses
should be served direct upon the members outside the
precincts of the House of Parliament of Legislature, a
the case may be i.e. at their residence or at some other
place, as required by the rules.

I am, therefore, to request you to kindly
ensure strict compliance of the directions/instructions
above and all the Judicial Officers posted in your
Judgeship be apprised of the same with the directions that the provisions of Rule 121 of
General Rule (Civil) and Rule 15 of General Rules (Criminal) be complied with
unerringly and honestly.
(vi)
Service or notices and summons on the parties residing in the city of
Ahmedabad.
C.L. No. 31/Admn.(F) dated 21 March, 1994
I am directed to send a copy of letter dated 3rd June, 1993 sent by the Officer on
special duty of Hon'ble High Court of Gujarat and to request you to address the
correspondence as mentioned in the letter whenever required.
(vii)
H.H. Mehtra, officer on special Duty High Court of Gujarat, Ahmedabad-9
Service or processes by bailiff of Small Cause Court, Ahmedabad.
No. C. 1819/62 High Court of Gujarat dated 3 June, 1993
I am directed by the Hon'ble the Chief Justice and Judges of this High Court to
state that all notices/summons for service on parties residing within the Municipal limits
of the city of Ahmedabad should hereafter be addressed to the Chief Judge, Small Cause
Court, Ahmedabad. I am, therefore, to request you to communicate the decision of this
High Court to all the Subordinate Courts in Your State directing them to address their
correspondence on this behalf as stated in this letter.
1. G.L. No. 4/VIIIb-28, Dt.1209-1953
2. C.L. No. 16/VIII-28, Dt. 2003-1968
3. C.L. No. 32/VIII-26G, Dt. 0705-1984
4. C.L. No. 3/VIIIe 24/Admin.
(G-2)-28, Dt. January 13.1.1993