Hardev Singh vs Sh. Sohan Lal and Others

Alok Singh, J.—I have gone through the record.

The brief facts of the present case are that Petitioner filed a Civil Writ Petition No. 5322 of 1995, in which this Court had ordered `Dasti'' summons for the service on Respondent No. 5 and Petitioner obtained the dasti summons and took the same to the Court of Additional Senior Sub Judge, Garh Shankar, which was marked to Ramesh Lal, Process Service. On 22.04.1995, One Jaspinder Singh son of Teja Singh along with Ramesh Lal, Process Server went to the house of Respondent No. 5 to serve the summons.

The allegations of the Petitioner are that Respondent No. 5 Sohan Lal bolted and locked the room from outside in which process server and Jaspinder Singh were sitting and misbehaved with them. Respondent No. 2, ASI Goraya Singh in his reply specifically stated that when he reached at the house of Sohan Lal, he found that process server Ramesh Lal was sitting in the lawn of Sohan Lal and further averred that no contempt of court has been committed by the Respondents.

As such, from the facts of the case, no contempt of court u/s 12 of the Courts Act is made out and hence, the present petition is dismissed.