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2006 Supreme(P&H) 3556

PUNJAB AND HARYANA HIGH COURT
Vinod K. Sharma, J.
Dr. Inderjit Singh Bansal - Petitioner
Versus
Ajit Singh & Ors. - Respondents
C.R. No. 4873 of 2006.
Decided On : 14 September, 2006

Advocates Appeared:
For the Petitioner:Malkeet Singh, Advocate.

In the interest of justice, the court may grant an opportunity for the service of unserved respondents in cases of non-compliance of court orders.

Headnote:

Restoration - Non-compliance of Court Orders - Opportunity granted for service of unserved respondents

Fact of the Case:

The petitioner filed a revision petition against the order dismissing the application for restoration of the suit due to non-compliance of court orders for furnishing registered cover.

Finding of the Court:

The court set aside the impugned order and granted the petitioner an opportunity to take steps for the service of unserved respondents.

Issues: Non-compliance of court orders, application for restoration, opportunity for service of unserved respondents

Ratio Decidendi: In the interest of justice, the court allowed the petition and granted the petitioner an opportunity to serve the unserved respondents.

Final Decision: The petition was allowed, and the impugned order was set aside. The petitioner was granted an opportunity to take steps for the service of unserved respondents.

JUDGMENT

Vinod K. Sharma, J. (Oral) - The present revision petition has been filed against the order dated 18.7.2006 passed by the learned Additional Civil Judge (Sr. Divn.), Nawanshahr dismissing the application filed by the petitioner for restoration of the suit for non-compliance of the orders passed by the Court for furnishing registered cover.

2. The learned counsel for the petitioner contends that earlier in the main suit also the defendants-respondents were not served and an application under Order 5 Rule 20 C.P.C. was moved for substituted service. However, the money could not be deposited as the suit was dismissed for non-prosecution and an application for restoration was made. The learned counsel for the petitioner contends that it was for the reasons that the petitioner was trying to find out the addresses of the respondents that the registered cover was not furnished. Accordingly, learned counsel prays for one more opportunity to furnish the registered cover or in the alternative to move application for substituted service of unserved respondents.

In the interest of justice, the impugned order is set aside.

Opportunity is granted to the petitioner to take steps for service of unserved respondents.

Disposed of.

Petition allowed.

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