Alok Sharma, J. - (1.) THIS petition has been filed against the order dt. 06.08.2011, passed by the Additional District & Sessions Judge No. 3, Jaipur Metropolitan, Jaipur as the petitioner is aggrieved of the non -address of the application moved by him under Order 39 Rule 1 & 2 CPC in view of non -service of notice on defendant No. 1, respondent No. 2 herein. The Court below has observed that till service on all the defendants in the suit is not complete, the application for interim relief filed under Order 39 Rule 1 & 2 CPC could not be addressed. Heard the counsel for the petitioner and perused the impugned order dt. 06.08.2011 as also the writ petition.
(2.) COUNSEL for the petitioner has submitted that it was incumbent upon the Court below to have heard the application for interim relief under Order 39 Rule 1 & 2 CPC subsequent to service merely on the defendant No. 1, respondent No. 2 herein. Counsel submits that non -service on one of the defendants could not deny to the plaintiff the right to be heard on interim relief and grant of protection in the event of making out a case. I am afraid that there is no substance in the submission of the counsel for the petitioner. The Court below having issued notices in the first instance is absolutely within its right to require service on all the defendants before addressing the application under Order 39 Rule 1 & 2 CPC. The burden is on the plaintiff, the petitioner herein, to ensure that the parties in the suit laid by him have beer served. In the event service is not being completed by normal process, the petitioner has a series of mechanism laid down in CPC to ensure service on the unserved defendants. The petitioner would be well advised to first ensure service on the unserved defendant and only thereafter pursue the application under Order 39 Rule 1 & 2 CPC for interim relief.
(3.) IN my considered view, in the facts and circumstances obtaining counsel for the petitioner has not been able to point out any jurisdictional error in the order impugned, nor a case of manifest injustice is made out. In this view of the matter, the writ petition is without force and the same is dismissed. Stay application also stands dismissed.;