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Report No. 163

2.17. Clause 19 of the Amendment Bill proposing to substitute rule 2 and to amend rule 5 in Order IX.-

(i) The proposed rule 2 as substituted in Order IX, says that "Where on the day so fixed it is found that the summons has not been sent within the stipulated period of two days, to the defendant by the plaintiff or his agent or [sic] in consequence of their failure to pay the court-fee or any charges, if any chargeable for such service, the court shall make an order that the suit be dismissed." (It is not necessary to refer to the proviso.)

Inasmuch as the Law Commission is recommending that the summons be sent through court, (and not by the plaintiff), no doubt at the expense of the plaintiff, this rule requires to be reworded accordingly. The penalty should be for not paying the requisite charges, court fee and/or for not taking steps necessary to enable the Court to send the summons.

(ii) The amendment to rule 5 is designed only to cut down the period for applying for fresh summons from one month to seven days. The amendment is unobjectionable.

The Code of Civil Procedure (Amendment) Bill, 1997 Back

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