R.S.A. No. 10 of 1988 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 10 of 1988 Date of Decision: 03.08.2010 Gurdev Singh .... Appellant Versus State of Punjab and another ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. K.G. Chaudhary, Advocate for the appellant 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) This is an old second appeal pending for last about 22 years. As per office report dated 25.5.2010, respondents No. 1 and 2 have not been served. Till day appellant has not taken any step to serve the respondents. Order 41 Rule 38 CPC (As applicable in Punjab) reads as under:- “38 (1) An address for service filed under Order 7, rule 19, or Order 8, rule 11, or subsequently altered under Order 7, rule 24, or Order 8, rule 12 shall hold good during all appellate proceedings arising out of the original suit or petition. (2) The notice of appeal, and other processes connected with proceedings therein, shall issue to the R.S.A. No. 10 of 1988 2 addresses mentioned in clause (1) above, and service effected at such addresses shall be as effective as if it had been made personally on the appellant or respondent, as the case may be. (3) Rules 21, 22, 23, 24 and 25 of Order 7 shall apply, so far as may be, to appellate proceedings.” Order 7 Rule 21 CPC (As applicable in Punjab) reads as under:- 21. Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu or any party may apply for an order to that effect and the Court may make such order as it thinks just. Order 9 Rule 2 CPC reads as under:- “2. Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs. - Where on the day so fixed it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the Court-fee postal charges, if any, chargeable for such service, or failure to present copies of the plaint as required by rule 9 of Order VII, the Court may make an order that the suit be dismissed. Provided that no such order shall be made, if notwithstanding such failure, the defendant attends in person or by agent when he is allowed to appear by agent on the day fixed for him to appear and answer.” From the perusal of Order 41 Rule 38, Order 7 Rule 21 and Order 9 Rule 2 CPC, this Court is of the opinion that if R.S.A. No. 10 of 1988 3 plaintiff/appellant fails to furnish correct address and fails to take steps to serve respondents/defendants then suit/appeal shall be dismissed. Appeal is dismissed. (ALOK SINGH) 03.08.2010 JUDGE reena