# their part to comply with these instructions

- **Citation:** C.L. No. 61/VII-d-161
- **Court:** Allahabad High Court
- **Decided:** 1959-08-22
- **Case number:** C.L. No. 61/VII-d-161
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/their-part-to-comply-with-these-instructions-163126
- **Pages:** 2

## 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.
144
 I am therefore desired to request you to bring into the notice of all the judicial
officers the directions given in the aforesaid case and they be asked to remain careful
while sending the report about service of notice on the alleged condemner.
(e) Service of summons/ notices in United Arab Emirates.
C.L. NO. 17 VIIC-6/ Admin. (F), dated: 7 May, 2005

 I am directed to send herewith a copy of Government Letter No. 12 (16)/2005Judl. Government of India, Ministry of Law & Justice, Department of Legal Affairs,
Judicial section, New Delhi, dated 24.2.2005, on the above subject and to inform you
that Joint Secretary & Legal Advisor to the Government of India has intimated that the
Government of India has signed an agreement with the Government of U.A.E. in
connection with service of Summons, Judicial Documents, Judicial commission,
Execution of Judgment and Arbitral Awards vide Notification GSR 894 (E), dated 23rd
November, 2000. As per the terms of the agreement, requests for legal assistance have to
be made through the central Authorities of the respective countries. In the Republic of
India, the central Authority is the Ministry of Low of Justices. The agreement further
stipulates that all the document in connection with the legal assistance have to be
officially signed by the court under its seal. All request and supporting documents have to
be furnished in duplicate along with translation into one of the official language of the
requested party. The official Language of the United Arab Emirates is Arabic.

It has been further intimated that the Government of U.A.E has requested for
receiving of summons three months in advance of the hearing date set by the concerned
courts in India and that too with complete address of the parties concerned to enable
them to take appropriate action.

I am, therefore, to request you kindly to act upon accordingly and to kindly bring
the contents of Circular Letter to the notice of all the Judicial Officers in your Judgeship
for their guidance and strict compliance.
(f)
Service of summons/Judicial Process etc. outside India in Civil matters
C.L .No. 44/VIIC-6/Admn.(F) : Dated 19.10.2006

In continuation of the earlier C.E. No. 74/VIIIb-16, dated August 22, 1959 and
Circular Letter No. 21/VIIC-6/Admin.(F), dated 13.08.2004, dealing with service of
judicial processes in criminal matters outside India, I am directed to say on the above
subject that Government of India, vide Letter No. T-4410/24/2006 dated 23.03.2006 has
intimated that the service of judicial processes outside Indian including summons/show
cause notices etc., in cases pertaining to civil and commercial matters are required to be
taken up with the Ministry of Law and Justice being the nodal ministry and central
Authority for seeking and providing the mutual legal assistance in civil matters (copy
enclosed).

It has been further informed that the Ministry of Law and Justice receives all kind
of such request, examines them and takes appropriate action with regard to civil laws
matters as per Allocation of Business Rules of the Government of India. It finalizes and
notifies treaties and arrangements with other countries as per relevant statutory
provisions in the Code of Civil Procedure. Therefore, all requests for seeking assistance
from the foreign country including the service of all kinds of judicial processes or other