ASHOK KUMAR GUPTA Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) IT is very surprising to note that appellant despite report of service of respondents No.2 and 4 that they are not residing at that given address as reported for 11.4.2014 hae not taken steps for supplying the correct address, even though, they were granted time to do the needful on 11.4.2014. this time also as per the report dated 16.5.2014, it was again informed that respondents No.2 and 4 are not living at the given address. On 25.7.2014 also it was observed that respondents No.2 and 4 are not residing at the given address, when again appellant was directed to take steps within two weeks again appellant was directed to take steps within two weeks by paying fresh process fee and the correct address. The defects have not been cured even till date. Order 9 rule 5 reads as under :

(2.) THE aforesaid provision is incorporated in the statute by way of amendment of civil procedure basically for the purpose that service is effected on the respondents as early as possible and if a report comes that service has not been effect for any reason specified in the aforesaid driver, then an obligation was caused upon the party who wants service to be effected on the other side to take steps within seven days of the receipt of report. If this is not done then the mandate is to dismiss the suit.

(3.) IN the present case, the appellant came to know about the report of service of respondents No.2 and 4 regarding their non -availability on the given address as per the office report dated 2.4.2014. Appellant was given opportunity to take fresh steps. Though fresh steps were taken, but not at the correct address. Process fee was filed for serving these respondents but the report time and again was of the same effect i.e. respondents No.2 and 4 are not available at the given address.