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SMT. PREM KUMARI versus BALAK RAM & OTHERS

High Court of Judicature at Allahabad

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Smt. Prem Kumari v. Balak Ram & Others - SECOND APPEAL No. 1205 of 1981 [2006] RD-AH 13556 (17 August 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

17.8.2006Hon'ble S.P. Mehrotra, J.  

By the order dated 12th January, 2006, notice was directed to be issued to the plaintiff-appellant to engage another counsel, as Sri J.D. Pradhan, who had been appearing as the learned counsel for the plaintiff-appellant, was reported to have expired.

Pursuant to the said order dated 12-01-2006, notice was issued to the plaintiff-appellant by Registered Post A.D. , fixing 24th March, 2006.

The Office submitted its Report dated 23rd March, 2006 to the effect that the said notice, sent to the plaintiff-appellant, had been returned back unserved with the remark of the Postman on the envelope that there was no person by the name of Prem Kumari in the Village Ahirpura.

On 13th April, 2006, the Court perused the said Office Report dated 23rd March, 2006.

It was noted by the Court that the Memorandum of Appeal mentioned two addresses of the plaintiff-appellant, and only one Registered Post, mentioning both the addresses had been sent to the plaintiff-appellant by the Office, pursuant to the said order dated 12-01-2006.

In the circumstances, the Court, by its order dated 13th April, 2006, directed the Office to send separate notices to the plaintiff-appellant at her both the addresses, as mentioned in the Memorandum of Appeal.

It appears that pursuant to the said order dated 13th April, 2006, separate notices were sent to the plaintiff-appellant (Prem Kumari) at her both the addresses, as mentioned in the Memorandum of Appeal.

The Office has submitted its Report dated 11th August, 2006 to the effect that both the said notices have been received back unserved with the remark  mentioned in the said Report dated 11th August, 2006.

A perusal of the envelope, wherein the said notice was sent to the said Prem Kumari (plaintiff-appellant) at her Bareilly address,  shows that the said notice has been returned back with the remark that the address was incomplete.

Further, a perusal of the envelope, wherein the said notice was sent to the said Prem Kumari (plaintiff-appellant) at her Pilibhit address, shows that the said notice has been returned back unserved with the remark that no person by the name of Prem Kumari (plaintiff-appellant) could be found at the address mentioned on the said envelope despite  enquiries from several persons.

It will, thus, be seen that the notices sent to the said Prem Kumar (plaintiff-appellant) at her both the addresses, as mentioned in the Memorandum of Appeal, have been received back unserved with the remark, as mentioned above. The said addresses are the same, as mentioned in the decree of the Lower Appellate Court, a certified copy whereof is annexed to the Memorandum of Appeal.

As no other address has been brought to the notice of the Court, there is no option but to deem the service of notice on the plaintiff-appellant as sufficient.

Service of notice on the plaintiff-appellant to engage another counsel is, accordingly, deemed to be sufficient.

Second Appeal No. 1205 of 81/AK


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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