Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:34895 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 1683 of 2025 Petitioner :- Nekpal Singh Respondent :- Khursheed @ Nanu Counsel for Petitioner :- Aijaz Ahmad Khan Counsel for Respondent :- Ashish Mishra Hon'ble Ajit Kumar,J.
1. Heard Ms. Bushra Mariyam, learned Advocate appearing for court concerned.
2. A report has been submitted by concerned Civil Judge (Senior Division)/ Additional Chief Judicial Magistrate, Shamli who is seized with the matter of Small Cause Case No. 1914 of 2020 Nekhpal Singh v. Khursheed @ Nanu.
3. Ms. Bushra Mariyam, learned Advocate appearing for the concerned court submits that the report of process server clearly demonstrated that the service of summons was effected upon the opposite party, however, she fairly concedes that this has not come to be recorded as such in the order sheet. The report of process server dated 07.03.2025 is also appended with instructions and from the perusal thereof, it clearly transpires that the service of summons had been effected upon the defendant respondent.
4. The Court is, however, of the view that whenever the court
proceeds to consider the service of summons and it sees the report that it has been effected upon the opposite party, it must record its satisfaction in writing which I find to be lacking in the present case.
5. I hope that in future this Judicial Officer will take care that such mistake does not recur. Ms. Mariyam also states that the case is listed before the concerned court on 28.03.2025 and since, it is proceeding ex parte, there is every likelihood that the proceedings are concluded on the next date fixed.
6. In the given facts and circumstances, this petition stands
disposed of with the direction to the concerned court to decide the matter either on the next date fixed or in the event of unavoidable circumstances within next one month's time.
7. However, it is clarified that in the event of delay in disposal of the matter for any unavoidable circumstances, such delay would ordinarily not bind the Judicial Officer with any personal liability of contempt within Section 12 of the Contempt of Courts Act.
Order Date :- 10.3.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad