# serve upon the members of the House or State Legislature for Service through the

- **Citation:** C. L. No. 20/2007
- **Court:** Allahabad High Court
- **Decided:** 1994-01-04
- **Case number:** C. L. No. 20/2007
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/serve-upon-the-members-of-the-house-or-state-legislature-for-service-through-the-163114
- **Pages:** 2

## Text

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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
139
(viii) Language used to endorse the manner of service in notices summons etc. sent
to Court's in Tamil Nadu for service and Return-Regarding.
C.L. No. 53/VIII-b-16/Admn. (F) dated 25 May, 1994
I am directed to send herewith a copy of the Circular Letter No. 2636/93/F1, dated
4-1-1994 of the Registrar, High Court, Madras and to request you to kindly strictly
comply the instructions given in the aforesaid circular letter forthwith.
Thiru A. Ramamurthy, Registrar, High Court, Madras
Language used to endorse the manner of service in notices summons etc.
Sent to courts in Tamil Nadu for service and Return- Regarding.
R.O.C. No. 2636/93/F1 dated January 4, 1994
I am to state that Rule 55 of Civil Rules of Practice and Circular Orders
applicable to the Civil Courts in the State of Tamil Nadu says that when a process is
written in a language different from that of the area in which it is to be served, the court
transmitting it for service shall also send a translation thereof in English and in cases in
which process has to be returned to any court outside the State of Tamil Nadu and the
return is not in English or in the language of that court, the proceedings Form 10,
Appendix B, Schedule I of the Code with which it is sent back to that Court shall be
accompanied by a translation of the return in English.
It has now been brought to the notice of this Registry, by the Subordinate Judicial
Officers that summons and notices received from other States for service and return by the
courts in Tamil Nadu are in the vernacular language of that State. English translation of
the same are not accompanied as per the rule mentioned above and that none furnishing of
English translation causes much inconvenience to the subordinate Courts in this State.
Similarly, the process sent by the Civil Courts in Tamil Nadu to outside the State
for service and return are received back after service with the endorsement of the Nazirs
of that court only in the vernacular language of that courts which could not be
deciphered.
In this connection, I am also to add that as per Rule 55 of the Civil Rules of
Practice and circular orders applicable to the Subordinate civil courts in this State, the
summons and notices for service in this State should be accompanied by English
translation if they are in any other language. Likewise, the endorsement with regard to the
manner of service or non-service of the summons or notices received from the civil courts
in Tamil Nadu should be accompanied by a true translation in English.
I am, therefore, directed to request you to look into the matter and issue suitable
instructions to the Subordinate Civil Courts under your control to give a true translation
of the (1) summons/notices intended to be served in the courts in Tamil Nadu in English
and (2) endorsement regarding the manner of service, in English, as regards processes
issued from the courts in this State, so that the endorsements may be correctly
understood.