Rukmini vs. C. Nagaraj

PITEM NO.63 REGISTRAR COURT.1 SECTION IX

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

BEFORE THE REGISTRAR S.G. SHAH

Petition(s) for Special Leave to Appeal (Civil) No(s).30118/2009

BHIMRAO Petitioner(s)

VERSUS

SUSHILA & ORS. Respondent(s)

(With prayer for interim relief )

Date: 29/07/2010 This Petition was called on for hearing today.

For Petitioner(s)

Mr. Kuldip Singh,Adv.

For Respondent(s)

UPON hearing counsel the Court made the following O R D E R

Nobody is present for the petitioner.

Registry has to be careful.

There should not be overwriting in the facts disclosed in the office report.

The concerned Assistant Registrar has to explain that how it is stated in the office report that acknowledgment receipts are filed with affidavit when they are only receipts of sending the registered cover and not acknowledgment by the recipient litigant.

It is unfortunate that in most of the cases learned Advocates are not following proper acknowledgment rules and filing affidavit on record stating that dasti is served by

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Item No.63

registered post by filing a simple receipt of sending registered letter through Court without acknowledgment without the signature of the other side.

Copies of letter produced by the petitioner does not confirm that whether copies of pleadings are also send with the said notice.

Let there be fresh notice with additional dasti which is permitted to be served through the nearest Civil Court/Trial Court.

For the purpose, petitioner has to supply copies of pleadings and has to pay process fee before 9.8.2010 without fail.

Issue notice immediately thereafter. List again on 14.9.2010.

(S.G. SHAH) Registrar

hj