RAVI S.DHAVAN - (1.) THIS order only highlights the factors which contribute to pendency of cases to the advantage of one party seeking relief before this Court and to the detriment of an opposite party. The entire proceedings of the Court comes to a halt when the Court expects a petitioner to take steps for service within the prescribed time under the Allahabad High Court Rules, 1952 (hereinafter referred to as the Rules , and the summons will not be deposited.
(2.) IN the present case after the writ petition was entertained on 10 November, 1987 and the petitioner received an ad interim order, the law required him to take steps to affect service upon the respondents in pursuance of Chapter XII of the Rules. Rule 3 of this Chapter requires a party seeking a notice of motion to take steps within 10 days. The purpose is to let the respondent know as far as possible at an early date that a case has been instituted before the High Court. Once notices have been directed to be issued by the Court, an opposite party is as of right entitled to receive notice within the time prescribed under the Rules. This is in the interest of justice so that the pendency of a case is intimated to the party against whom notice has been issued. If the petitioner or the respondent, as the case may be, fail to take steps within the time allowed, then penal consequence visit the party defaulting. At this stage the obligation of the registry comes into play by being vigilant, otherwise a stay or the grant of an interim order may adversely affect the opposite party. Should steps not be taken in pursuance of Rule 3, then the registry is obliged to list the case in pursuance of Rule 4 for appropriate orders befors the Registrar/Additional Registrar/Joint Registrar for condonation of the delay provided a formal request is made by the party which has defaulted in not taking steps. Thereafter, if the Registrar/Addional Registrar/Joint Registrar is of the opinion that no case has been made out for condoning the delay the matter has to be listed immediataly before the Court for appropriate orders for dismissal of the case as against the persons who have not been served on the ground of default. On that date, the party or its counsel may take steps upon the default being condoned by the court. The proviso to Rule 4 of the aforesaid Chapter cautions the Registrar that in case where the Court has granted an ad interim order or injunction and/or steps are not taken by the party which is reaping the benefits of an ad interim order or injunction, the application upon which stay or injunction has been granted would be listed before the Court with a default report. All these procedures are contained in the Rules for no other purpose than to speed up the proceedings of pending cases and prevent the abuse of the process of court where a party may take advantage of a stay order or injunction at the expense of the opposite party against whom such a stay order or injunction operates.
(3.) INASMUCH as a party, a litigant or a lawyer's office may default, the registry also cannot be absolved of the blame if it does not put up the case before the Court for appropriate orders when steps are not taken upon notices being issued by the Court. In the present case the registry is as much to blame as the party which obtained the ad interim order on 11-11-1987. It is difficult for this Court to overlook the lapse on behalf of the concerned section of the registry; it has contributed to the lingering of this case without notice to opposite parties. Requisite notices have been supplied in Court by learned counsel for the petitioner. The registry shall despatch them immediately.;