Report No. 27
Order VI, rule 14A (New)
1. This mainly carries out the recommendation made in the Fourteenth Report,1-2 and requires a party to file an address for service ("registered address") at which service may be effected on him. Some local Amendments provide that such service should not be effected when a pleader has been engaged (unless the court otherwise directs3, or make an exception in respect of notices under Order XXI, rule 228. It is considered unnecessary to adopt them.
2. The draft mainly follows the Calcutta Amendment4, but amendments made by other High Courts have also been considered in detail5 and a few useful points added.
The desirability of such a provision was stressed by the Civil Justice Committee also.6
3. It is considered that an express provision imposing the penalty for failure to file such address is unnecessary7. But where the address filed is not genuine, the suit should be stayed (until the correct address is filed) or the defence struck off, as the case may be. Necessary provision is proposed.
1. 14th Report, Vol. I.
2. See also Civil Justice Committee (1924-25) Report, p. 62, para. 3 and p. 173, para. 24.
3. Contrast Order 7, rule 23 (Bombay).
4. Contrast Order 7, rule 26 (Bombay).
5. Order 6, rule 14A (Calcutta).
6. Orissa Order 6, rule 14A.
Allahabad Order 7, rules 19-25.
Bombay Order 7, rules 19-26.
Punjab Order 7, rules 19-25.
Madhya Pradesh Order 7, rules 19-25.
Allahabad Order 8, rules 11-12.
Bombay Order 8, rules 11-12.
Allahabad Order 41, rule 38.
Bombay Order 41, rule 38.
7. Civil Justice Committee (1924-25), Report, p. 62, para. 3; p. 173, para. 24.
8. Contrast Order 7, rule 21 (Bombay, Allahabad, Madhya Pradesh, etc.), and Order 8, rule 11 (Bombay and Allahabad.)
Order VI, rule 15
There is a recommendation in the Fourteenth Report1 to provide for verification of a pleading on oath. (The detailed provisions as to the person before whom the oath should be taken are contained in local Amendments)2.
It is considered unnecessary to make such a provision, as it may not prove very useful in practice.
1. 14th Report, Vol. I.
2. See Bombay Amendment to Order 6, rule 15.
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