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Report No. 163

Summons Not Served

Q.20. Order 9, rule 2 (Dismissal of suit where summons not served for failure to pay process fees, etc.): Clause 19(i) of the Bill

Order 9, rule 2 of the Code, at present, empowers (but does not require) the court to dismiss the suit, if the summons has not been served upon the defendant because of the plaintiff's failure to pay the process fees or to present necessary copies of the plaint, etc. The Bill makes the provision more stringent, by requiring the court to dismiss the suit, if the summons has not been served because of plaintiff's failure to send the summons to the defendant within two days (that being the scheme in the Bill in the amendments proposed in Order 5, rule 9) - See Q.9, above.

(Further, the Bill does not mention non-service because of failure to file copies of the plaint - presumably because of the amendment, proposed in Order 4, rule 1).

The amendment to Order 9, rule 2 is thus consequential and does not need separate comments.



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




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