SUO MOTU JPP Vs. STATE OF KERALA

JUDGEMENT

(1.) In I.A. No. 1 of 2025 in M.F.A. (E.C.C.) No. 9 of 2012, a learned Single Judge of this Court observed that though an application for substituted service by newspaper publication had been filed, the name of the newspaper and the edition in which publication was sought had not been mentioned. By order dtd. 30/5/2025, the applicant was, therefore, directed to file a memo specifying the name of the newspaper and the edition. After issuing this direction to the applicant, the learned Single Judge also issued a general direction to the Registry to ensure that in all future applications for substituted service by newspaper publication, the name of the newspaper and the edition in which the publication is sought, must be stated before such applications are numbered. The effect of this order is that no application for substituted service can be accepted or numbered unless it contains these particulars, as the omission to mention the name of the newspaper and its edition would thus be treated as a defect in filing.

(2.) Since the order was akin to framing general guidelines to be followed by the Registry while registering such applications in future, the Registry was of the view that an amendment to the existing rules or the issuance of an Office Memorandum would be necessary. As the subject falls within the domain of Judicial Practice and Procedure (JPP) for the issuance of appropriate directions, the Registry has placed this matter as a suo motu JPP for consideration. While the direction issued by the learned Single Judge dtd. 30/5/2025 is both practical and desirable, its implementation would also need to be formalised by way of an amendment to the existing rules or the issuance of an Office Memorandum to ensure uniformity in practice.

(3.) In exercise of the powers conferred by Article 225 of the Constitution of India, Sec. 122 of the Code of Civil Procedure, 1908, and other enabling provisions, the High Court of Kerala has framed the Rules of the High Court of Kerala, 1971 (hereinafter referred to as "the Rules of 1971"). These Rules are divided into several chapters and have schedules annexed thereto. The Rules of 1971 consist of 19 chapters that lay down the procedures to be followed on various matters. Some of the important subjects include Officers of the Court (Chapter I), Form and Institution of Proceedings (Chapter III), Service of Notices (Chapter IV), Posting of Cases (Chapter VIII), Paper Books and Printing (Chapter IX), Proceedings under Articles 226, 227, and 228 of the Constitution, (Chapter XI), Contempt Proceedings (Chapter XII), and Criminal Cases (Chapter XIII).