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2024 Supreme(Online)(GAU) 7678
HIGH COURT OF GAUHATI
MR. CHINMOY BARUAH, J
MD. JAINAL ABDIN – Appellant
Versus
MUSSTT. FAZAR BANU AND 23 ORS. – Respondent
CRP(IO) / 424 / 2023
MR. R GOSWAMI, MR. A C SARMA(R-10), MR N BRAHMA(R-10), MR G BHARADWAJ (R-10)
The court emphasized the necessity of compliance with procedural orders to ensure proper service of notice to all respondents.
Headnote:(A) Lawazima Court - Order dated 13.08.2024 - Service of notice - Petitioner directed to take fresh steps for service of notice upon multiple respondents by registered post and usual Court process - Petitioner has not complied with the order - Additional time granted to comply with the order. (Paras 1, 2)
(B) Compliance with Court Orders - Importance of adhering to procedural directions issued by the Court - Failure to comply necessitates further time to ensure proper service of notice. (Paras 1, 2)
Facts of the case:
The petitioner was directed to serve notice upon several respondents and obtain the present address of respondent No. 5, but has not complied with the previous order.
Findings of Court:
The petitioner is granted 7 days to comply with the order of the Lawazima Court dated 13.08.2024.
Issues: The main issue was the non-compliance with the previous order regarding service of notice.
Ratio Decidendi: The court emphasized the necessity of compliance with procedural orders to ensure proper service of notice to all respondents.
Result: Time granted to the petitioner to comply.
ORDER
Date : 16.09.204
Case taken up before the Lawazima Court.
Learned counsel Ms. S. Das appears on behalf of Mr. R. Goswami, learned counsel for the petitioner.
Perused the records.
Perused the order of the previous Lawazima Court dated 13.08.2024 and upon such perusal, it has been observed that vide the said order, the petitioner was directed to take fresh steps for service of notice upon the respondent Nos. 1 to 4, 6 to 9 & 11 to 24 by registered post with A/D as well as by usual Court process. The said order of the Lawazima Court further directed the petitioner to obtain instructions regarding the present address of the respondent No. 5 However, on a perusal of the office note dated 16.09.2024 reveals that the petitioner has not yet complied with the order of the aforementioned Lawazima Court dated 13.08.2024.
Now, in regard to the aforesaid, the learned counsel appearing on behalf of the petitioner before the Lawazima Court today prays for some more time to obtain instructions regarding the present address of the respondent No. 5 and to take fresh steps for service of notice upon the respondent Nos. 1 to 4, 6 to 9, 11 to 24.
In view of the above submission made by the learned counsel, the petitioner is granted 7 (seven) days time to comply with the order of the aforementioned order of the Lawazima Court dated 13.08.2024.
Let the matter be listed again before the Lawazima Court on 29th of October, 2024.
