RFA No.5203 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.5203 of 2010 (O&M) Date of Decision : 10.08.2011 Parveen Kumar ....Appellant Versus The State of Haryana and another ....Respondents CORAM : HON'BLE MR. JUSTICE RAKESH KUMAR GARG 1. Whether reporters of local news papers may be allowed to see judgment ? 2. To be referred to reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** Present: Mr. Bhag Singh, Advocate for the appellant. Mr. Ashok Jindal, AAG Haryana. * * * RAKESH KUMAR GARG, J (ORAL) This appeal has been filed challenging the award dated 29th August, 2009 along with an application for condonation of delay in filing this appeal. On 24th February, 2011, the following order was passed by this Court:- “A perusal of the paper book shows that respondent No.1 has been impleaded by merely mentioning “The State of Haryana” without stating that through whom the service is to be effected or which is the contesting department. This is an appeal arising out of an award of the learned court below pertaining to acquisition of land, whereby a bunch of 152 references was decided. A perusal of the judgment shows that in number of land references, the addresses of either the petitioners therein or the respondents are not complete, which makes it difficult for the court to effect service of the RFA No.5203 of 2010 (O&M) 2 parties in the case. The contention of learned counsel for the appellants/petitioners in this court always remains that he has impleaded the parties as were there before the court below. Meaning thereby complete particulars of the parties impleaded in the petitions/suits filed in the court below is required to be checked at the time of filing. As to whether the parties are impleaded in the petitions/suits filed in the court below by giving addresses is required to be checked. As to whether there was lapse on the part of the Registry in the court below or there is no mechanism for checking the pleadings before the same are accepted with regard to the addresses of the parties, let the Registry put up a note on the next date of hearing so that effective corrective steps can be taken to ensure that no such lapse occurs in future. Adjourned to 07.03.2011.” The subsequent order dated 7th March, 2011 also needs to be noticed which reads thus:- “Finding that address of none of the respondents in the appeal was not complete and further addresses of many of the petitioners or the respondents before the learned Reference Court were also not complete or the parties had not been impleaded properly, on 24.2.2011, this Court passed the following order: “A perusal of the paper book shows that respondent No.1 has been impleaded by merely mentioning “The State of Haryana” without stating that through whom the service is to be effected or which is the contesting department. This is an appeal arising out of an award of the learned court below pertaining to acquisition of land, whereby a bunch of 152 land references was decided. A perusal of the judgment shows that in number of land references are complete, which makes it difficult for the court to effect service of the parties in the case. The contention of learned counsel for the RFA No.5203 of 2010 (O&M) 3 appellants/petitioners in this Court always remains that he has impleaded the parties as were there before the court below. Meaning thereby complete particulars of the parties impleaded in the petitions/suits filed in the court below is required to be checked at the time of filing. As to whether the parties are impleaded in the petitions/suits filed in the court below by giving addresses is required to be checked. As to whether there was lapse on the part of the Registry in the court below or there is no mechanism for checking the pleadings before the same are accepted with regard to the addresses of the parties, let the Registry put up a note on the next date of hearing so that effective corrective steps can be taken to ensure that no such lapse occurs in future.” On account of non-furnishing of correct and complete addresses by a party filing any petition in court results in undue delay in service of notice on the respondents therein. Not only this, in many cases, even the party approaching the court also does not furnish his complete address. The problem does not end in the trial court, as it has continuing effect even in the proceedings before this Court, as the parties with same addresses are impleaded in any proceeding before this Court, which again results in delay in service of notice. Apparently, there is a casual approach by all concerned in this regard, though the provisions of Code of Civil Procedure and Rules and Orders of Punjab and Haryana High Court provide clear guidelines as to the requirement to be fulfilled wherever the pleadings are filed in court. Order 6 of the Code of Civil Procedure deals with pleadings, Rule 14-A thereof provides for addresses for service of notice. The same is extracted below: “14-A. Address for service of notice.-(1) Every pleading, when filed by a party, shall be accompanied by a statement in the prescribed form, signed as provided in rule 14, regarding the address of the party. (2)Such address may, from time to time, be changed RFA No.5203 of 2010 (O&M) 4 by lodging in Court a form duly filled up and stating the new address of the party and accompanied by a verified petition. (3)The address furnished in the statement made under sub-rule (1) shall be called the “registered address” of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party for the purpose of service of all processes in the suit or in any appeal from any decree or order therein made and for the purpose of execution, and shall hold good, subject as aforesaid, for a period of two years after the final determination of the cause of matter. (4)Service of any process may be effected upon a party at this registered address in all respects as though such party resided thereat. (5)Where the registered address of a party is discovered by the court to be incomplete, false or fictitious, the Court may, either on its own motion, or on the application of any party, order- (a) in the case where such registered address was furnished by a plaintiff, stay of the suit, or (b) in the case where such registered address was furnished by a defendant, his defence be struck out and he be placed in the same position as if he had not put up any defence. (6) Where a suit is stayed or a defence is struck out under sub-rule (5), the plaintiff or, as the case may be, the defendant may, after furnishing his true address, apply to the court for an order to set aside the order of stay or, as the case may be, the order striking out the defence. (7) The court, if satisfied that the party was prevented by any sufficient cause from filing the true address at the proper time, shall set aside the RFA No.5203 of 2010 (O&M) 5 order of stay or order striking out of the defence, on such terms as to costs or otherwise as it thinks fit and shall appoint a day for proceeding with the suit or defence, as the case may be. (8) Nothing in this rule shall prevent the court from directing the service of a process at any other address, if for any reason, it thinks fit to do so. Order 7 Rule 1 of the Code of Civil Procedure provides as to what should be contained in a plaint. It specifically provides that name, description and place of residence of the plaintiff and the defendant is to be provided. The aforesaid provision is extracted below:- “1 Particulars to be contained in plaint.-The plaint shall contain the following particulars:- (a) the name of the court in which the suit is brought; (b) the name, description and place of residence of the plaintiff; © the name, description and place of residence of the defendant, so far as they can be ascertained; (d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect; (e) the facts constituting the cause of action and when it arose; (f) the facts showing that the Court has jurisdiction; (g) the relief which the plaintiff claims; (h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and (i) a statement of the value of the subject-matter of the suit for the purpose of jurisdiction and of Court-fees, so far as the case admits.” Volume-1, Chapter 1, Part 'C' of the Rules and Orders of Punjab and Haryana High Court provides for examination of plaint/petition/application etc. on their presentation by the court with reference to various factors provide4d for in Rule 1.Rule 8 thereof provides that complete addresses of the parties are required to facilitate the service of processes on them throughout the litigation. Failure to comply with the rule is liable to be RFA No.5203 of 2010 (O&M) 6 punished with dismissal of the suit. However, such power may be exercise in extreme cases where failure is intentional or contumacious. The aforesaid relevant provisions are extracted below: “1. Examination of plaints/petitions/applications etc.-On the presentation or receipt of the plaint, the Court should examine it with special reference to the following points viz:- (i) Whether the plaint contains, the particulars specified in Order VII Rule I and conforms to the other rules of pleadings in Orders VI and VII and rules made by the High Court thereunder; (ii) Whether there is, prima facie, any non-joinder or mis-joinder of parties, or mis-joinder of causes of action; (iii) Whether any of the parties to the suit are minors and, if so, whether they are properly represented as laid down in Chapter I-M (d) of this volume.; (iv) Whether the plaint is duly signed and verified; (v) Whether the suit is within the jurisdiction of the Court or must be returned for presentation to proper Court (Order VII Rule 10); (vi) Whether the plaint is liable to be rejected for any of the reasons given in Order VII, Rule II; (vii) Whether the documents attached to the plaint (if any) are accompanied by lists in the prescribed form and are in order; (viii) Whether the plaintiff has filed a proceeding containing his address for service during the litigation as required by Rule 19 of Order VII as framed by the High Court; (ix) In money suits, whether the plaintiff has stated the precise amount he claims; (x) Whether the plaintiff has stated in his plaint regarding the documents on which he relies his RFA No.5203 of 2010 (O&M) 7 claim and are not in his possession and a statement in whose possession or power they are; (xi) Whether the plaintiff has filed the address of the party in the prescribed form. 8. Address of the parties.- The proceeding containing address for service is intended to facilitate the service of processes throughout the litigation (including appeals etc.) and it is, therefore, important to see that it is duly filed at the outset according to this rule. Failure to comply with the rule is liable to be punished with dismissal of the suit but such an order may properly be passed in extreme cases when the failure is intentional and contumacious.” Apparently, proper care is not being taken to file pleadings in the court in terms of the provisions of the Code of Civil Procedure and the High Court Rules and Orders. It would be appropriate if this order is circulated amongst the Judicial Officers in the States of Punjab and Haryana and Union Territory, Chandigarh bringing to their pointed notice the requirement of law on the issue and ensure strict compliance in future. A further request can be made to the District & Sessions Judges to send a copy of the order to the concerned Bar Associations for information of the Advocates. Let the needful be done after bringing it to the notice of Hon'ble the Chief Justice. Adjourned to 4.4.2011. On 4th April, 2011, learned counsel appearing on behalf of appellant sought adjournment to enable him to furnish complete address of the appellant and the case was adjourned for 13.07.2011. On 13.07.2011, the following order was passed:- “Despite adjournment granted, complete address of the RFA No.5203 of 2010 (O&M) 8 appellant has not been furnished. Counsel representing the appellant seeks more time. Adjourned to 10.08.2011. It is made clear that no further time shall be granted and in case the needful is not done before the next date of hearing, it shall be presumed that the appeal has been filed on behalf of non-existent person.” Sh. Bhag Singh, Advocate appearing on behalf of appellant has stated before this Court that despite his registered letters sent to the appellant, he has not contacted him and thus he is unable to comply with the orders passed by this Court. Facts narrated above show that the appellant is not interested in pursuing this appeal and the same is dismissed for non-prosecution. 10.08.2011 (Rakesh Kumar Garg) savita Judge