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Report No. 163

19. Amendment of Order IX.- In the First Schedule, in Order IX,-

(i) for rule 2, the following rule shall be substituted, namely:-

"2. Where on the day so fixed it is found that the summons has not been sent within stipulated period of two days, to the defendant by the plaintiff or his agent or 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:

Provided that no such order shall be made if, notwithstanding such failure, the defendant attends in person or by agent when he b allowed to appear by agent on the day fixed for him to appear and answer.";

(ii) in rule 5, for the words "one month", the words "seven days" shall be substituted.

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

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