Indian Kanoon - Search engine for Indian Law

6. It is next contended that learned Judge has committed error in rejecting the writ petition on the conduct of the petitioner in not serving the notices alongwith paper book on the respondent after obtaining exparte interim order. The leearned Single Judge having experience the prevailing practice of not serving the notices with paper book, felt that to discouragee such sort of practice in the Court, the writ petition should be dismissed on this ground alone. We are in agreement with the learned Single Judge that the prevailing practice of not serving the respondents after obtaining the exparte stay order for long time for one or the other excuse, is not good for the health of the judicial system, This deserves to be discouraged. However, the learneed Single Judge has not dismissed the writ petition on this ground alone. It appears from the record that though the notices sent by the registered post, were not accompanied by the memo of petition and annexures thereto and as such there was no proper service, but apart from the notices sent by thee registered post, notices alongwith the paper book were also served through process server before the returnable date.