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Report No. 163

Q.21. Order 9, rule 5, (Failure to apply for fresh summons): Clause 19(ii) of the Bill

Under existing Order 9, rule 5(i), if the plaintiff fails to apply, within one month. To apply for fresh summons (after the first one has been returned unserved), the court shall dismiss the suit, unless the plaintiff satisfies the court about certain specified circumstances excusing the failure.

The Bill proposes to substitute seven days, in place of thirty days.

Would you favour the proposal?

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

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