Case Note & Summary
The case involved the U.P. State Road Transport Corporation as the petitioner and Omaditya Verma and others as respondents. The dispute arose from applications filed by the respondents seeking to recall an order dated 5.4.2005, claiming they were not served with notices in the related Special Leave Petitions. The court examined the service of notices on each applicant, confirming that dasti notices were served and acknowledged by the respondents. The court noted that the applicants had previously been served with notices in the Special Leave Petitions and had not contested the proceedings. The court found the claims of non-service to be false, as evidence of service was provided, including signed acknowledgment cards. The court also clarified that under the Supreme Court Rules, if a respondent had been served with notice in the Special Leave Petition, no further notice was required after the appeal was lodged. Consequently, the court dismissed the applications for recall and the applications for ad interim stay, stating that the applicants were duly served and had failed to appear in the proceedings. No order as to costs was made.
Headnote
A) Civil Procedure - Service of Notice - Proper Service of Notices - Supreme Court Rules, 1966, Order XVI Rule 11 - The court found that all applicants were duly served with notices in the Special Leave Petitions and that no further notice was required after lodging of the appeals. The court dismissed the applications for recall of the order, affirming that the Registry's reports were accurate and that the applicants had failed to contest the proceedings despite being served (Paras 1-3).
Issue of Consideration
Whether the applicants were properly served with notices in the Special Leave Petitions.
Final Decision
The court dismissed I.A.Nos.14-17 and I.A.Nos.18-21, affirming that all applicants were duly served with notices and no further notice was required after the lodging of the appeals.
Law Points
- Service of notice
- Dasti service
- Supreme Court Rules
- 1966
- Order XIX Rule 4
- Order XVI Rule 11
