Dalip Singh vs Municipal Committee and Others

Alok Singh, J.—This is an old second appeal pending for last about 23 years.

On 6.4.2010, this Court has passed following order:

Office report reveals that respondents No. 2 to 8 could not be served for want of complete address. Appellant is directed to take fresh step to serve the unserved respondents after filing complete address within seven days from today failing which appeal shall stand dismiss without any reference to this Court.

Record reveals that till day appellant has not furnished process fee and correct address for the service on 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 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:

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:

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 plaintiff/appellant fails to furnish correct address and fails to take steps to serve respondents/defendants then suit/appeal shall be dismissed.

Since no compliance of order dated 6.4.2010 is made, appeal is dismissed.