# their part to comply with these instructions

- **Citation:** C.L. No. 61/VII-d-161
- **Court:** Allahabad High Court
- **Decided:** 1925-11-04
- **Case number:** C.L. No. 61/VII-d-161
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/their-part-to-comply-with-these-instructions-163123
- **Pages:** 1

## Text

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.