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HIGH COURT OF CHHATTISGARH : BILASPUR NOTIFICATION No.
1208 IR.G.l2013. Bilaspur date In exercise of the powers conferred under Articles 225 & 227
of the Constitution of India, the High Court of Chhattisgarh
hereby makes the following amendment in Rule 9 Chapter-II relating to power of
Registrar (Judicial) and Chapter-XI of the High Court of Chhattisgarh
Rules, 2007 relating to service of notice, which shall come into force w.e.f. AMENDMENTS (i) Rule 160 of
the High Court of Chhattisgarh Rules, 2007 be substituted by the following: "160. Service of
notice by publication – (1) Any
notice may in lieu of or in addition to any other mode of service provided by
law or by these Rules be served if so ordered by sending it by registered post with
acknowledgement due addressed to the person upon whom it is to be served or
by publishing it in a daily newspaper circulating in the locality in which the
defendant is last known to have actually and voluntarily resided, carried on
business or personally worked for gain: Provided that where an
order for publication of notice has been passed by the Court or by the
Registrar, as the case may be, the party on whose behalf the notice is to be
published shall, within the time prescribed in Rule 159, obtain the
tentative date from the office on the prescribed form of the notice duly filed
in by the party or his counsel and shall get it published before the date fixed
in a daily newspaper circulating in the locality in which the respondent or the
opposite party, as the case may be, is last known to have actually and
voluntary resided carried on business or personally worked for gain: Provided further that
the party or his Counsel getting the notice published as aforesaid shall so
arrange that the notice is published at least ten days before the date fixed in
the notice and shall file a copy of the newspaper containing the notice before
the Registrar a week before the date fixed: Provided also that
where the copy of the newspaper is not supplied within the time prescribed in
the proceeding proviso, the case or the application, as the case may be, on
which the order for publication of notice has been passed, shall be listed before the
Court for such orders as the Court deems fit. Explanation 1.- Where the party fails
to file the copy of the newspaper, he shall be deemed to have committed default
in supplying the notice and the provision of Rule 160-A shall mutatis mutandis
apply in such cases. (2) No notice to issue unless requisite process fee or cost is
paid and notice is supplied.- Notwithstanding anything contained in the Rules, no
notice shall be issued in a case in which process fee or cost of issuing notice
is leviable, unless the requisite process-fee or cost
has been paid and notice in duplicate in the proscribed form, duly filed in, have
been supplied for service, within ten days from the date on which the order for the issue
of notice is made or unless such fee or cost has been paid and such notices
have been supplied under the next following Rule and the Court has condoned the
delay. 160-A. Effect of non-payment
of process fee or cost or supply of notices within time.- If the requisite
process-fee or cost of issuing notice is not paid or the requisite notices are
not supplied within the time prescribed in Rule 159 or clause (xxix) of Rule 9 the case
shall be listed for dismissal and shall be dismissed unless on the case being called an
application signed by the party or his Advocate together with the requisite
process fee, cost or notices, as the case may be, is presented [or an
application similarly signed discharging from the case the persons not served
on account of the said default or withdrawing it as against them and the
Court deems fit to grant it]. (ii) The proviso shall
be added to Rule 167 as follows: "Provided that
any notice sent by registered post with acknowledgement due shall be
deemed to have been served on completion of 30 days, unless the acknowledgment
due is received back with postal remarks." By order of Hon'ble
the High Court Sd/- (Arvind Shrivastava) Registrar General |