The Punjab and Haryana High Court recently directed the State and Union Territory governments to issue guidelines to revenue courts that service of notices, summons and exchange of pleadings may be effected by e-mail, fax and commonly used instant messaging services like WhatsApp, Telegram, Signal, etc. [Amar Singh v Sanjeev Kumar].
Justice Arvind Singh Sangwan passed the order to avoid undue delay in proceedings before revenue courts where the intention of parties in possession of land was to delay proceedings.
“The service of notices, summons and exchange of pleadings may be effected by e-mail, FAX and commonly used instant messaging services like WhatsApp, Telegram, Signal, etc.
While accepting the pleadings, all the revenue courts will insist upon the parties, as well as their advocates representing them to provide their e-mail address, Phone number with WhatsApp including similar information for the respondents, so far available with the litigant,” the single-judge directed.
Pertinently, Justice Sangwan also directed that the practice of munadi (service of notice by beating of drum) as enumerated under various statutes be done away with as it is obsolete.
“If the service of the summons is not effect on the very next date, by adopting the aforesaid methods additionally to the discretion of the Revenue Courts, publication be ordered in a newspaper.”
The Court was hearing a plea against non-compliance with its 2021 order, to a revenue court to dispose of a 19-year-old partition application within six months.
In an affidavit, the assistant collector informed the Court that despite issuing repeated notices to parties, summons could not be served and proceedings remained pending for a long time.
In light of such delay tactics, the Court directed inclusion of technology for issuing notices.
The order was directed to be sent to Chief Secretaries of Punjab and Haryana as well as the Administrator of Chandigarh for compliance. They were directed to file a compliance report by October 4.
In the interim, the assistant collector was directed to conclude the proceedings without any delay and effect service only by way of one of the modes stated by the Judge.
Advocate Vineet Chaudhary appeared for the petitioner while AAG Harsh Vardhan Shehrawat appeared for the State.
Source Link
