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Rajasthan High Court · body

2025 DIGILAW 1750 (RAJ)

Nagar Nigam, Jodhpur, through the Commissioner v. Rajesh Vyas, through Aakar Advertising Service

2025-11-10

FARJAND ALI

body2025
Order : FARJAND ALI, J. 1. This case has been pending since the year 2011. Upon examining the record, this Court noticed that despite the lapse of several years, the service of notice had not been duly effected. When the returned process was perused, it was observed that the report prepared by the process server was written in an extremely untidy and unintelligible manner. The handwriting was so large and overlapping, often inscribed with one-inch sized letters over the printed matter, that it was impossible to discern to whom the notice was meant to be served, upon whom it was actually served, or whether it had been served at all. The process report, thus, was found to be almost entirely illegible. Being constrained by the poor quality of such reports and in order to examine the issue more closely, this Court passed the following order dated 21.08.2025, which is being reproduced herein below- “1.District Judge, Jodhpur is directed to intimate the processserver, Nazir/Assistant Nazir to remain present before this Court. 2.It has repeatedly been observed that process servers submittheir reports on printed proformas in extremely rough andoverlapping handwriting, often written over the pre- printedmatter, thereby rendering the content illegible andincomprehensible. As a result, the officers of the Registry as wellas this Court are unable to discern with certainty what the processserver seeks to convey. 2.1.The importance of process service in both civil and criminalmatters cannot be overstated, for the entire edifice ofjurisprudence is founded upon the cardinal principle that no partyshould be condemned unheard. If, after issuance of notice, thereport of service is incomprehensible failing to clarify whether thenoticee was traced at the address, whether he accepted or refusedservice, or whether the notice was affixed such ambiguity undoubtedly impairs the fairness of proceedings and seriouslyaffects the proper adjudication of the matter. 2.2.Such deficiencies not only confuse the Registry officers butalso create a grave hindrance in the smooth dispensation ofjustice. Therefore, it is imperative that process service reports beprepared in a manner that is lucid, unambiguous, and easilycomprehensible. The report must clearly specify the name, date,time, place, and full designation of the process server as well asthe receipient. In matters involving service of bailable warrants orwhere service is executed by way of affixation, the names, ages,and addresses of witnesses must also be distinctly recorded. The report must clearly specify the name, date,time, place, and full designation of the process server as well asthe receipient. In matters involving service of bailable warrants orwhere service is executed by way of affixation, the names, ages,and addresses of witnesses must also be distinctly recorded. 2.3.It is further considered that, in the event any difficulty isencountered by the Court as to what the process server wants toconvey, the Court would not be able to call the Court may,whenever required, call for the concerned process server to clarifythe report in absence of his identity since, the report does notbear the name of the process server and his place of posting atthe relevant time. To avoid such situations and to bring aboutcomplete clarity, this Court finds it necessary that comprehensiveand uniform instructions be issued and implemented across allcourts in the State. 4. List on 09.09.2025 .” 2. In compliance of the above reproduced order , the concerned Process Server and Nazir/Assistant Nazir have appeared before this Court. Their presence was directed for the purpose of apprising the Court regarding the manner in which process service reports are being prepared and submitted. Having interacted with them and taken note of their submissions, this Court is satisfied that their appearance has served the intended purpose. Accordingly, their personal presence before this Court shall stand exempted for future hearings, unless specifically directed otherwise. 3. During the course of hearing, and upon perusal of the material placed on record, this Court finds that the issue regarding the manner of preparation and submission of process service reports requires systemic rectification. In the interest of justice, it is felt expedient to issue certain guidelines to the process servers across the State of Rajasthan so as to ensure clarity, uniformity, and accountability in the process of service. Henceforth, whenever a summon or process is received for effectuation of service upon any respondent or noticee, the same shall be dealt with in accordance with the directions that follow hereinafter. Suggestions and Observations of the Court 4. The Registrar Judicial has submitted the suggestions in this regard and this Court has minutely examined the same. It is found that Rule 172 of the RAJASTHAN HIGH COURT RULES , 1952 explicitly provides that the provisions of Order V of the Code of Civil Procedure, 1908 shall apply to the service of notices in all proceedings before the High Court. It is found that Rule 172 of the RAJASTHAN HIGH COURT RULES , 1952 explicitly provides that the provisions of Order V of the Code of Civil Procedure, 1908 shall apply to the service of notices in all proceedings before the High Court. Under Order V Rule 18 CPC, every serving officer is required to endorse a return stating the time when and the manner in which the summons was served, and to mention the name and address of the person identifying the person served, and of any witnesses to the service or tender of summons. The Rule casts a clear statutory obligation on the process server to maintain transparency and accountability in the mode and manner of service. 5. However, on practical examination, it has been observed that the printed affidavit on the reverse side of the notice often does not provide adequate space for the process server to make a proper endorsement or detailed report. As a result, the process server is compelled to overwrite or write over the printed text, leading to severe illegibility. In some instances, where detailed reporting is required, such as in cases of substituted service under Order V Rule 20 CPC, the insufficiency of space further aggravates the issue. 6. To address this, it is directed that adequate blank space be provided in the proforma for recording all necessary details, and if the report requires elaboration, the process server shall be permitted to attach an additional sheet duly signed and attested along with the process. This would ensure legibility and completeness of record. 7. It has further been noticed that process servers frequently fail to fill up the affidavit printed on the overleaf of notices with due care and attention. Many times, the handwriting is unclear, the sentences are incomplete, or the report is superimposed upon the printed matter, resulting in near-total illegibility. This practice reflects a lack of sensitization and proper training. Therefore, it is recommended that periodic training and orientation programmes be organized for all process servers to acquaint them with the statutory requirements under Order V CPC, the importance of clear reporting, and the consequences of negligence. 8. It is also observed that Nazirs and Assistant Nazirs, while forwarding these reports to the concerned Courts, frequently affix their seal and signature without verifying the legibility or completeness of the report. Such mechanical forwarding defeats the very purpose of scrutiny. 8. It is also observed that Nazirs and Assistant Nazirs, while forwarding these reports to the concerned Courts, frequently affix their seal and signature without verifying the legibility or completeness of the report. Such mechanical forwarding defeats the very purpose of scrutiny. Henceforth, it shall be the duty of the concerned Nazir/Assistant Nazir to scrutinize every process report before submission, and if the report is found to be illegible, the Nazir shall prepare a typed version of the report on a separate sheet and attach the same with the process before forwarding it to the Court. 9. Moreover, before handing over any process for service, the Nazir must specifically record in the dispatch register and on the notice itself: - the name and designation of the process server entrusted with the notice, - the date and time of delivery to the process server, and - upon return, the date and time of receipt back from the process server. 10. This will enable an effective system of accountability and traceability within the administrative hierarchy. Additional Directions for Systemic Improvement 11. Model Specimen Report: The Registrar (Judicial) shall prepare and circulate a Model Specimen Process Service Report illustrating the correct manner of endorsement and affidavit to ensure uniformity and clarity across all courts. 12. Bound Process Register: Each process server shall maintain a bound register or digital logbook containing entries of all processes received and returned, duly signed by the Nazir/Assistant Nazir. 13. Identification Stamp: Every process server shall affix a personal identification stamp (bearing name, designation, and process server number) beneath his signature on every report to ensure traceability. 14. Typed Reports in Important Cases: In cases involving bailable/non-bailable warrants or substituted service, process reports shall be typed and annexed neatly before being placed before the Court. 15. Technological Integration: The Registry may explore digital tracking of process service through scanning, online entry, or geo-tagged photographic proof, wherever feasible, especially in urban jurisdictions. 16. Display of Guidelines: Instructions titled “Proper Procedure for Process Service” shall be printed and prominently displayed in the Nazir’s office and process server sections in all subordinate courts. Directions to the Registrar (Judicial), Rajasthan High Court, Jodhpur 17. 16. Display of Guidelines: Instructions titled “Proper Procedure for Process Service” shall be printed and prominently displayed in the Nazir’s office and process server sections in all subordinate courts. Directions to the Registrar (Judicial), Rajasthan High Court, Jodhpur 17. In light of the above observations and with a view to ensuring uniformity, transparency, and procedural discipline in process service across all courts in the State, the Registrar (Judicial), Rajasthan High Court, Jodhpur is directed to undertake the following steps: (i) Prepare and circulate a standardized format of process service report with clearly demarcated and adequately spaced columns for date, time, mode of service, particulars of witnesses, and full identification of both the process server and the recipient. (ii) Issue instructions and conduct sensitization programmes for all process servers across subordinate courts to ensure neat, legible, and detailed endorsements in compliance with Order V Rule 18 CPC. (iii) Ensure that no report is accepted or processed by the Registry or Nazir unless it is duly filled in, signed, dated, and complete in all particulars, including the process server’s full name, designation, and place of posting. (iv) Direct all Nazirs and Assistant Nazirs to verify the completeness and legibility of reports before forwarding them to the concerned Court. Where reports are found to be unclear, a typed copy must be prepared and attached for clarity. (v) Conduct periodic checks and audits to ensure adherence to these requirements and submit compliance reports to the Registrar General of this Court at regular intervals. Object and Purpose 18. These directions are issued not merely as an administrative reform but as a judicial necessity to eradicate ambiguity, bring uniformity, and ensure transparency in the system of process service. The very purpose of serving a notice or summons is to secure participation of the opposite party and uphold the principles of natural justice. If this foundational step is compromised, the entire proceeding stands vitiated. 19. Therefore, it is imperative that every officer connected with the process of service realizes the solemn nature of this duty. The High Court expects strict compliance with these directions by all concerned so that the administration of justice remains efficient, credible, and fair in both letter and spirit. 20. List the matter after six weeks, by which time the District Judge, Jodhpur shall file a report indicating the steps taken in compliance with the directions contained herein.