Karnataka High Court
Yellappa By His Lrs vs Smt. Yashodabai on 31 July, 2003
Equivalent citations: AIR2004KANT388, III(2004)BC204, ILR2003KAR3881, AIR 2004 KARNATAKA 388, 2004 AIR - KANT. H. C. R. 2051, (2003) ILR (KANT) (4) 3881, (2003) 4 CIVLJ 767, (2004) 3 BANKCAS 204, (2004) 1 ICC 112, (2003) 4 KCCR 2648, (2003) 10 INDLD 448
Author: K. Sreedhar Rao
Bench: K. Sreedhar Rao
ORDER 6 RULE 14-A - Whether provisions aredirectory or mandatory - Held - The provisions of Rule 14-A are mandatory and postulate a disastrous consequence to the party who does not furnish a correct and proper address. If the plaintiff furnishes incomplete, false or fictitious address, the Court can stay the further proceedings of the suit and if the defendant commits fault in not giving the proper and correct address, the defence is to be struck off and the defendant is placed in a position as if he has not put up any defence. It is therefore necessary for the office at the stage of scrutiny of pleadings to insist the mentioning of proper and registered address and should raise necessary office objections before the file is sent to the Bench for further judicial consideration in the matter. In case of defendants/ respondents after their appearance in the written statement/ objections, it is to be insisted that defendents/respondent shall furnish correct and proper registered address. If such steps are taken at the initial stages, substantial volume of pendency at the process level could be eliminated. Steps to be taken for deceased R.2 ORDER Sreedhar Rao, J.
1. With utter dismay I find that the pleadings filed by the parties at the time of filing of the suit and in the subsequent stages like appeal and revisions, there is no faithful and scrupulous observance of the provision of Order 6 Rule 14-A.
2. For convenient reference, the provisions are extractedhereunder:
14-A Address for service of notice - (1) Every pleading, when filed by a party, shall be accompanied by a statement in the prescribed form, signed as provided in Rule 14, regarding the address of the party.
(2) Such address may, from time to time be changed by lodging in Court form duly filled up and stating the new address of the party and accompanied by a verified petition.
(3) The address furnished in the statement made under sub-rule 91 shall be called the "registered address" of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party for the purpose of service of all processes in the suit or in any appeal from any decree or order therein made and for the purpose of execution, and shall hold good, subject as aforesaid, for a period of two years after the final determination of the cause or matter.
(4) Service of any process may be effected upon a party athis registered address in all respects as though such party resided thereat.
(5) Where the registered address of a party is discovered bythe Court to be incomplete, false or fictitious, the Court may, either on its own motion, or on the application of any party, order:-
(a) in the case where such registered address was furnished by a plaintiff, stay of the suit, or
(b) in the case where such registered address was furnished by a defendant, his defence struck out and he be placed in the same position as if he had not put up any defence.
(6) Where a suit is stayed or a defence is struck out undersub-rule (5) the plaintiff or, as the case may be, the defendant may, after furnishing his true address, apply to the Court for an order to set aside the order of stay or, as the case may be, the order striking out the defence.
(7) The Court, if satisfied that the party was prevented byany sufficient cause from filing the true address at the proper time, shall set aside the order of stay or order striking out the defence, on such terms as to costs or otherwise as it thinks fit and shall appoint a day for proceeding with the suit or defence, as the case may be.
(8) Nothing in this rule shall prevent the Court from directingthe service of a process at any other address, if, for any reason, it thinks fit to do so.
3. It is unfortunate to note that when the suit is filed, it hasbecome the tendency of the office to overlook the verification of the cause title, in particular with reference to the address of the parties. In the pleadings it has become a habit to describe every adult only as a major without specifying the age of the person, although it is possible for the party when ably assisted by the counsel to give the age. As a routine, address given in the cause title is vague. In my experience, I find that 20 to 25 percent of the litigation gets stagnated at the process level for non-compliance of the provisions of Rule 14-A. In the appeals also, the same mistake is committed.
4. The provisions of Rule 14-A are mandatory and postulate adisastrous consequence to the party who does not furnish a correct and a proper address. If the plaintiff furnishes incomplete, false or fictitious address, the Court can stay the further proceedings of the suit and if the defendant commits fault in not giving the proper and correct address, the defence is to be struck off and the defendant is placed in a position as if he has not put up any defence. Despite sufficient legislative provision to enforce discipline, there is no will on the part of the Courts below to enforce the rule by compelling the parties at the initial stage to furnish a proper, correct and registered address. It is therefore necessary for the office at the stage of scrutiny of pleadings to insist the mentioning of proper and registered address and should raise necessary office objections before the file is sent to the Bench for further judicial consideration in the matter. In case of defendants/respondents after their appearance in the written statement / objections, it is to be insisted that defendants/ respondents shall furnish correct and proper registered address. If such steps are taken at the initial stages, substantial volume of pendency at the process level could be eliminated.
5. With regret I note that the Registry of this Court is also notenforcing the provisions of Rule 14 - A to insist proper, correct and registered address of the parties. The Registry is directed to take note of the observation and to see that in the pleadings proper, registered and complete address is furnished in the cause title. The Registrar General is further directed to communicate this order to all the Trial Courts for strict compliance of the direction and the provisions of Rule 14-A. Steps to be taken by 4.8.2003 for deceased R-2.