Description

Section 143 of the Code of Civil Procedure (CPC) addresses the postage charges incurred for the delivery of documents or notices in civil proceedings. It outlines the provisions related to the costs of sending notices, orders, and other communications by post in the context of civil litigation.

Key Provisions of Section 143:

1. Liability for Postage Charges:

   • Section 143 stipulates that the postage for any notices, summonses, or other documents that need to be sent to parties involved in a civil suit, including witnesses, should be paid for by the party who is responsible for sending the document.
   • This provision essentially ensures that the costs of sending documents through the postal system are covered during the legal proceedings.

2. Inclusion in Costs of the Suit:

   • The section specifies that the postage charges are part of the costs of the suit, meaning that the party who sends the document can include these postage expenses as part of the overall costs they may later recover, if they are successful in the case.
   • This ensures that the party who incurs the postage expense is not unduly burdened by it, and they may be reimbursed for the cost through the suit's final decision.

3. Who Bears the Postage:

   • Typically, the party sending the notice or document (for example, the plaintiff sending a summons to the defendant) is responsible for the postage cost.
   • However, if the costs are awarded to a specific party by the court, the postage charges may be reimbursed as part of the costs of the litigation.

4. General Purpose:

   • The intent behind Section 143 is to ensure that the formal communication of court orders, summonses, notices, and other documents between the parties to a case is not disrupted due to issues concerning the costs of postage. This ensures the smooth flow of the legal process, especially in cases involving multiple parties or witnesses who need to be notified about hearings or other proceedings.

Punishment

Section 143 is a procedural provision and does not specifically provide for punishments. However, failure to comply with the postal requirements may lead to certain practical consequences:

1. Failure in Proper Communication:

   • If the postage is not paid for the delivery of important documents, it may result in the non-delivery or delay of notices, summonses, or orders. This could disrupt the legal process, leading to potential delays in the proceedings or in the enforcement of court orders.

2. Delays and Inconveniences:

   • Failure to send notices or documents by post in a timely manner can result in delays, leading to adjournments or complications in the case, potentially affecting the timeliness of justice.

3. Costs Recovery Issues:

   • If the party responsible for paying the postage does not properly account for it, there may be complications in recovering costs after the case has been decided, particularly if the court determines the costs to be awarded.