HP HC | Want of post-admission steps for service of notice is ground for dismissing petition

Himachal Pradesh High Court: A Bench of Tarlok Singh Chauhan, J, dismissed a petition that revolved around the petitioner’s post-admission steps for service of notice on the private respondents.

The petitioner was required to take post-admission steps for the service of the private respondents. For this purpose, the case was listed before the Additional Registrar (Judicial), however, for want of requisite steps notices could not be issued. Thereafter, though steps were taken by the petitioner majority of the notices were received back unserved for want of correct address and in some cases even the respondents reported to have died. Petitioner was directed to take fresh steps for service of unserved respondents within four weeks and during the same time was also directed to take steps for bringing on record the legal representatives of the deceased respondents. However, neither the process fee for unserved respondents nor steps for bringing on record the legal representatives of deceased respondents were taken by the petitioner. The court observed that no one had even cared to put in an appearance on behalf of the petitioner before the concerned Registrar, which clearly indicated that the petitioner was no longer interested in pursuing the instant.

The Court thus rejected dismissed the petition. [Sadhana v. Nikki Devi, 2019 SCC OnLine HP 44, decided on 08-01-2019]

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