Court No. - 7

Case :- FIRST APPEAL No. - 762 of 1993

Appellant :- U.P.A.E.V.P.

Respondent :- Bharat Lal And Others

Counsel for Appellant :- N.C.Tripathi

Hon'ble Ajay Bhanot,J.

Notices were issued by regular process as well as

by RPAD on 22.09.2022. The registry has filed

following service report:-

"The above noted appeal are put up for order with

the report that (02) notices issued to legal heirs of

respondent no. 2 i.e. 1/1 and 1/2 by RPAD as well

as ordinary process fixing 22.11.2022 but the same

has not yet been returned back after service. No

vakalatnama has been been filed on behalf of

respondent no. 1/1/ to 1/2."

The question arises as to whether the service report

sent by registry would provide good ground for the

Court to hold that service is sufficient. Services

summons as well as notices issued by the Courts

are guided by statutory provisions of CPC as well

as by General Clauses Act with Rules. Relevant

provisions which can be referenced with provisions

are as under:-

Order V Rule 9 - Delivery of summons by Court.-

(1) Where the defendant resides within the

jurisdiction of the Court in which the suit is

instituted, or has an agent resident wi