Report No. 27
"8. Summons how served.-Every summons under this Order, not being a summons delivered to a party for service under rule 7A, shall be served as nearly as may be in the same manner as a summons to a defendant, and the rules in Order V as to proof of service shall apply in the case of all summonses served under this rule.".
Order XVI, rule 10
In rule 10 of Order XVI of the First Schedule to the principal Act.-
(a) in sub-rule (1)
(i) after the words "if the certificate of the serving officer has not been verified by affidavit" the words "or if service of the summons has been effected by a parhy or his agent" shall be inserted;
(ii) after the words "examine the serving officer", the words "or the party or his agent who has effected service, as the case may be," shall be inserted;
(b) the following sub-rule shall be inserted at the end, namely:-
"(4) Notwithstanding anything contained in rule 1 of Order XLVIII, no court-fee shall be charged for the issue of any process under this rule unless the Court otherwise directs".
Order XVI, rule 12
Rule 12 of Order XVI of the First Schedule to the principal Act shall be re-numbered as sub-rule (1) thereof, and after sub-rule (1) as so re-numbered, the following sub-rule shall be inserted, namely:-
"(2) Where the Court has not issued a proclamation under sub-rule (2) of rule 10 nor issued a warrant nor ordered attachment under sub-rule (3) of that rule, the Court shall not impose fine under this rule unless the person upon whom the fine is to be imposed has been given notice to show cause why the fine should not be imposed."
Order XVII, rule 2
To rule 2 of Order XVII of the First Schedule to the principal Act, the following Explanation shall be added, namely:
"Explanation.-Where the evidence or a substantial portion of the evidence of any party has already been recorded, and such party fails to appear on any day to which the hearing of the suit is adjourned, the Court may, in its discretion, proceed with the case as if such party were present."
Order XVII, rule 3
For rule 3 of Order XVII of the First Schedule to the principal Act, the following rule shall be substituted, namely:-