KANTHAMMA KADIRAMMA Vs. CHIKKANASARAPPA

JUDGEMENT

(1.) THE registered notice issued to R-2 is returned un-served with a shara that "party was not present". The provisions of Order 5 rule 15 provides that "when the party is not present, service could be effected on the adult member of the family" and it would be a valid service in law. The process staff of the Courts perhaps may be aware of this rule and comply the Rule when the party is not available for personal service they would effect the service on the available adult member of the family. However, when the notice sent by registered post, a postman who is not well versed with the provisions of the code invariably returns the post with a shara "party not present or not available" for want of instruction to the postman to serve on the adult member of the family if the party-addressee is not available for service. Therefore, necessary instructions to the postman about the compliance of the rule is to be noted on the envelopes with a clear instruction that the postman could deliver the registered post sent by the Court to any adult member of the family if party/ addressee is not available for personal service. In order to secure effective compliance from the postman a procedure could be devised. Where under a rubber stamp endorsement containing instructions to the postman to deliver to any adult member of the family without insisting any authorisation of party/addressee when party or addressee is not available for personal service is to be impressed and further the postman should be instructed to endorse on the postal cover about the need of alternative service of delivery on the adult member of the family on account of non availability of the addressee. Such a course of action obviates to a large extent the re-issuance of summons and notices. The Registrar General shall take note of the observations made and shall insist and see that on all registered covers (containing court notices/summons) before they are transmitted by the post, the aforesaid instructions are mentioned by using rubber stamp impression. The instructions being same on all such registered posts the use of rubber stamp impression would obviate the need of manual writing on every cover to reduce the manual work. The registrar General is directed to communicate the copy of the order to all the Courts in the State for faithful compliance and observance. Steps in this C. R. P. is to be taken by 4. 8. 2003