Having considered submissions advanced on behalf of both the sides, so far as service of original opponent no.1-Bipinkumar in the matter pending before the Trial Court, it appears that despite several attempts made by the Trial Court, the original opponent no.1-Bipinkumar could not be served. It is submitted that after the order dated 19.01.2012 passed by this Court, the Trial Court issued bailable warrant against original opponent no.1-Bipinkumar, but that could not be served and returned unserved.
Order dated 19.01.2012, contained clear directions to the concerned Trial Court about the manner in which the effective service to the unserved opponent can be made. Despite this, it transpires that the said order dated 19.01.2012 is not properly complied with.
Call for detailed report from the concerned Trial Court about the steps, which are taken by the Trial Court to see that the original opponent no.1 Bipinkumar is served. S.O. to 21.02.2012.
(J.C.UPADHYAYA,J.) Girish Top