Case Note & Summary
The case involved New Bharat Savings Unit Co (Pvt.) Ltd. as the petitioner against Bengal Docking & Engineering Co. The High Court at Calcutta, presided over by Justice Shekhar B. Saraf, addressed the procedural requirement for the petitioner to serve the parties involved in the litigation. On February 10, 2022, during a video conference, the court noted that the petitioner had not yet served the parties and thus directed that this be done. The court required the petitioner to file an affidavit of service by the returnable date, indicating the importance of ensuring all parties are properly notified before the case could proceed. Consequently, the matter was adjourned for a period of two weeks to allow the petitioner to fulfill this requirement.
Headnote
A) Civil Procedure - Service of Parties - Requirement for Affidavit of Service - Code of Civil Procedure, 1908 - The court directed the petitioner to serve the parties and file an affidavit of service on the returnable date, emphasizing the necessity of proper service before proceeding further. Held that the matter was adjourned for two weeks to allow compliance with this directive (Paras Not mentioned).
Issue of Consideration
Whether the petitioner has properly served the parties involved in the case.
Final Decision
The court directed the petitioner to serve the parties and file an affidavit of service on the returnable date, adjourning the matter for two weeks.
Law Points
- Civil procedure
- service of parties
- adjournment
