Corruption among bailiffs is prevalent in some courts. Some holy unions are breaking by bribe is it just?

Answer 1

Your first statement is incorrect. The corruption amongst bailiffs is prevalent in ALL courts & they all take bribe, rather they won't move without taking baksheesh as you may call it in Hindi/Urdu. Yes its correct the Holy union break because these bailiffs gives a wrong report of delivery of court summon to the defendant/opposite party & the court on this report proceed ex-parte in favor of the plaintiff/petitioner & ultimately orders the decree of divorce in his or her favor without even the knowledge of the defendant/opposite party. Here I would like to bring to your knowledge that in the Civil Procedure Code Order IX Rule 13 clearly provides as: - Setting aside decree ex parte against defendant


In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit;

Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only it may be set aside as against all or any of the other defendants also:

[Provided further that no Court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff s claim]

[Explanation.-Where there has been an appeal against a decree passed exparte under this rule, and the appeal has been disposed of on any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside that ex parte decree.]
This provision was made to prevent any injustice to the defendant in any case being decided against him/her without any fault of his/her. With the help of this provision such decree of divorce can be set aside & the holy union can be prevented from breaking. Hope now you are satisfied that even these corrupt bailiffs cannot make such holy union to break by their unholy acts.

Answer 2

Your allegation can not be ruled out.

At district level; administrative Machinery be established to monitor and to check these types of mismanagement. The bailiffs and process servers be made responsible for their acts.

In Execution also discretion powers to the bailiffs be curtailed.
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Answer 3

When politicians say "law takes its own course" they mean they are above the law. It also means law takes a lot of time to give justice,and it also means law dispenses with justice And it also means "standing bail" is a very profitable business.

Answer 4

no!