# the registered address and by registered post is deemed as effective as personal service

- **Citation:** C.L. No. 61/VIII
- **Court:** Allahabad High Court
- **Decided:** 1935-09-14
- **Case number:** C.L. No. 61/VIII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-registered-address-and-by-registered-post-is-deemed-as-effective-as-163121
- **Pages:** 2

## Text

142
The importance of these rules is that the address for service holds good during all
appellate proceedings arising out of the original suit or petition and notices in appeal are
to be issued from the appellate court to such addresses [Order XLI, rule 38(2)]. If the
party to be served is not found at the registered address, service of notices by affixation at
the registered address and by registered post is deemed as effective as personal service
(Order VII, rule 22)

A party who omits to file an address for service incurs a very grave risk as service
of notice on any respondent of any proceeding incidental to an appeal is not necessary
unless he has appeared and filed an address for service [Order XLI, rule 14(3)] and
service of notice in such cases is dispensed with by the High Court with the result that
and appeal against such respondents, usually proceeds ex parte. The notice of the
members of the Bar should be drawn by all presiding officers of civil courts to the
provision of Order XLI, rules 14(3) and 38 (2) and the necessity of complying with the
rules regarding registered addresses in the interest of their clients emphasized.

Presiding Officers must satisfy themselves before signing decrees or formal
orders that there has been no neglect in regard to the following matters:
(1)
The record must contain the registered addresses plaintiffs and all parties
who have entered appearance (Order VII, rules 19 and 20 and Order VIII
rule 11). They must be in English block letters, must be within the limits
of the State of Uttar Pradesh and must contain full and accurate particulars
as laid down in General Letter no. 49, dated the 14th September, 1935.
(2)
 These registered addresses must be entered in the decree and formal
order as required in General Letter no. 2590, dated 6th July, 1924 and
General Letter no. 2365, dated 24 April, 1926. the defendants who have
not appeared must be clearly indicated in the note printed in the decree.
Decree writers must be warned that any omissions on their part may have
serious consequences for the parties in appeal and will be severely
punished.
(3)
Registered addresses have to be filed in appeals only where no addresses
for service have been filed in the trial court (Order XLI, rule 38).
As notices are issued by the court for service at registered addresses, the attention
of Nazirs and process-servers must be drawn to the necessity of making every effort to
affect personal service on the parties. Where that is not possible notices must be affixed
at the registered address or if that can for some reason not be done at the chaupal or some
other public place. In no case should notices be returned unaffixed. Where personal
service has not been affected or where it has not been possible to affix notices at
registered addresses the process-server's report must always contain a full explanation.
G.L. No. 17/673(1) dated 12th April, 1939 and
C.L. No. 61/VIII h-13 dated 29th May, 1972

When the official entrusted with affecting service has once located the party's
registered address it is his clear duty to carry out implicitly the instruction which have
been issued in no ambiguous language.
143

Officials concerned are warned that serious notice will be taken of any failure on
their part to comply with these instructions.
(b)
Service of notices on pleaders
G.L. No. 4754-67-10 dated 4th November, 1925
The attention of District Judges is invited to the provisions of Order III, rule 5 of
the Code of Civil Procedure, which provides that a process served on a pleader of any
party or left at his office or residence shall be presumed to have reached the party whom
the pleader represents.
C.L. No. 61/VII-d-161 dated 7th October, 1966
Intimation of the dates of hearing of the Employee's State Insurance Act cases to
the counsel appointed by the Employee's State Insurance Corporation should be given in
time irrespective of the fact whether they are Government Counsel or private counsel.
(c)
in execution cases
C.L. No. 39/VII-d-140 dated 9th April, 1953
Notices under section 82 of the Code of Civil Procedure for execution of decrees
passed against any department of Government should invariably be sent to Government
in duplicate.
C.L. No. 29/VII-d-140 dated 20th March, 1961
A copy of the notice should be endorsed to the Government of India in the
ministry concerned or to the department of the State Government concerned, as the case
may be. In case of difficulty the name of the ministry or department should be ascertained
from the counsel appearing for the Government before the case is decided and the
information should be kept on the record.
C.L. No. 94 dated 18th December, 1957
In Order to avoid any dilatory tactics being adopted by judgment-debtors, the
court has decided that three notices prescribed under rules 16, 22 and 37 of Order XXI of
the Code of Civil Procedure should, as far as possible, be issued simultaneously so that
execution proceedings are expedited.
(d) Service of contempt notice on the addressee.
C.L. No. 13 Dated: March 21,2001
Under the Contempt of Court Rules (as provided in Ch.XXXV-E Rule 6 of Rules
of the Court), affecting of personal service on the alleged condemner is an essential
requirement. It has been observed by Hon'ble court with concern that while affecting
service of notice care to the rules are not taken. Instances have also come into the
notice of the Hon'ble court that service on the condemner is preferred to have
been affected on his Orderly or official attached with him. This is in clear violation
of the rules and cannot in any way be presumed personal service . Hon'ble courts
directions given in the Civil Misc. Contempt Application No. 3311 of 2000 Narendra
Bahadur Mishra Vs. Ravindra Nath Tripathi and others are also enclosed here with for
circulating amongst the judicial officers for ensuring compliance in such matters.