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Service Of Order

A copy of order stating the grounds of the Magistrate s satisfaction must be served on the parties,for it is the intention of the Law ,not only that the Magistrate should have sufficient grounds for proceeding under this section ,but that he should inform the parties concerned if the grounds on which the proceedings had been instituted. Gobind Chandra ILR 20 Cal 520.

The Magistrate ought to satisfy himself that the copy of the order has been duly served on the parties alleging the non - receipt of the notice and the Magistrate s omission to so vitiates all subsequent proceeding s.

In a proceeding under section 145 ,where no summon s was affixed to the house ,or served upon the opposite party personally,or upon an adult male member of the family ,there was no service of any kind upon him . No exparte proceedings are possible in cases where there has been no service. This is itself sufficient to vitiates all proceeding s of the Magistrate.- Turab Ali 34 LJ 616

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