The Delhi High Court has passed a slew of directions to deal with the “perpetual and perennial problem” of service of documents/pleadings between counsel and court clerks..The order was passed by a Single Judge Bench of Justice Prathiba M Singh while hearing a matter in which the counsel for the petitioner alleged that he had not been supplied with a copy of a short affidavit filed by the respondent..A perusal of the court record revealed that there was an acknowledgment on the index by the counsel for the petitioner. The respondent further added that even the court clerk had supplied another copy to the counsel..After the matter was passed over and the parties sorted the matter among themselves. The Court, however, ultimately opined that the copy was actually not served and the same was being supplied to the petitioner at that moment..The Court thus observed that on several occasions wrong acknowledgments were put on the documents and pleadings, without serving copies..On other occasions, even if copies were served legitimately, the same was denied or it was stated that complete pleadings/documents were not supplied, it added..In view of the above, the Court deemed it appropriate to pass certain directions to deal with the problem..These directions are as follows:.The acknowledgment of advance copies shall be taken on the first or second page of the index. The person acknowledging shall sign, write his name, court clerk’s registration number and his mobile number as also the party for whom the acknowledgment is being given.Counsels shall ensure that their court clerks do not give wrong acknowledgments of service in the original pleadings/documents index filed before the Court.Any court clerk, who puts wrong signatures or ghooghi or wrong acknowledgment of the opposing counsel or court clerk, would be liable for strict action.Counsels shall ensure that on the index at the time of filing pleadings or documents, their full names, enrolment numbers and mobile numbers along with their e-mail addresses are specified.Advance copies in addition to the hard copies or courier copies may also be served through email so that service is not disputed by the parties.It is made clear that in cases where counsels do not have copies of the record, they are permitted to obtain electronic copies of the Court record from the Registry of this Court..The Court asserted that these directions on service of documents were necessary in view of several adjournments that were being taken due to non-receipt or non-supply of copies of complete pleadings and documents..This would also ensure that the court clerks are made accountable in case they give wrong acknowledgments of opposing counsels or clerks on the pleadings and documents, the Court added..“Henceforth, any court clerk who is seen to be indulging in any such wrong acknowledgment and wrong receipt, would be liable for strict action by the Court in accordance with law.“, the Court ordered..The Court then directed that the directions be circulated on the notice board and in the cause list of the Delhi High Court Bar Association and the District Court Bar Associations as also to the Court Clerks Association..A copy of the order would also be sent to the Registrar General, Delhi High Court for proper circulation to all the District Judges, District court Bar Associations and Court clerk associations..Read the Order:
The Delhi High Court has passed a slew of directions to deal with the “perpetual and perennial problem” of service of documents/pleadings between counsel and court clerks..The order was passed by a Single Judge Bench of Justice Prathiba M Singh while hearing a matter in which the counsel for the petitioner alleged that he had not been supplied with a copy of a short affidavit filed by the respondent..A perusal of the court record revealed that there was an acknowledgment on the index by the counsel for the petitioner. The respondent further added that even the court clerk had supplied another copy to the counsel..After the matter was passed over and the parties sorted the matter among themselves. The Court, however, ultimately opined that the copy was actually not served and the same was being supplied to the petitioner at that moment..The Court thus observed that on several occasions wrong acknowledgments were put on the documents and pleadings, without serving copies..On other occasions, even if copies were served legitimately, the same was denied or it was stated that complete pleadings/documents were not supplied, it added..In view of the above, the Court deemed it appropriate to pass certain directions to deal with the problem..These directions are as follows:.The acknowledgment of advance copies shall be taken on the first or second page of the index. The person acknowledging shall sign, write his name, court clerk’s registration number and his mobile number as also the party for whom the acknowledgment is being given.Counsels shall ensure that their court clerks do not give wrong acknowledgments of service in the original pleadings/documents index filed before the Court.Any court clerk, who puts wrong signatures or ghooghi or wrong acknowledgment of the opposing counsel or court clerk, would be liable for strict action.Counsels shall ensure that on the index at the time of filing pleadings or documents, their full names, enrolment numbers and mobile numbers along with their e-mail addresses are specified.Advance copies in addition to the hard copies or courier copies may also be served through email so that service is not disputed by the parties.It is made clear that in cases where counsels do not have copies of the record, they are permitted to obtain electronic copies of the Court record from the Registry of this Court..The Court asserted that these directions on service of documents were necessary in view of several adjournments that were being taken due to non-receipt or non-supply of copies of complete pleadings and documents..This would also ensure that the court clerks are made accountable in case they give wrong acknowledgments of opposing counsels or clerks on the pleadings and documents, the Court added..“Henceforth, any court clerk who is seen to be indulging in any such wrong acknowledgment and wrong receipt, would be liable for strict action by the Court in accordance with law.“, the Court ordered..The Court then directed that the directions be circulated on the notice board and in the cause list of the Delhi High Court Bar Association and the District Court Bar Associations as also to the Court Clerks Association..A copy of the order would also be sent to the Registrar General, Delhi High Court for proper circulation to all the District Judges, District court Bar Associations and Court clerk associations..Read the Order:
