KALLIANI Vs. SHIBU

JUDGEMENT

(1.) Notice issued to the 2nd respondent returned with an endorsement 'unclaimed'.

(2.) The appellant has filed this interlocutory application invoking sub-rule (2) of Rule 51 of the Rules of the High Court of Kerala, 1971, seeking a declaration that notice is duly served on the 2nd respondent. In the interlocutory application, the provision is wrongly quoted as sub-section (2) of Section 51 of the Code of Civil Procedure, 1908.

(3.) Rule 51 of the Rules of the High Court of Kerala deals with manner of issue of notice. As per sub-rule (1) of Rule 51, unless otherwise ordered, every notice shall be sent, in the first instance, to the address of the respondent given in the memorandum of appeal or petition, as the case may be, by means of registered post, acknowledgment prepaid. An acknowledgment purporting to be signed by the respondent shall be deemed to be sufficient proof of service of such notice. As per the first proviso to sub-rule (1), the following process shall be served by an officer of the court or of a subordinate court.- (a) Notice to a proposed guardian ad litem; (b) Writs and injunctions.