Report No. 77

Q. 11. Service.-

(a) It has been suggested1 that service of notices should be effected by registered post in all proceedings and, in case of failure at the first attempt, the person seeking relief from the court should be required to effect service on the other parties and to file an affidavit of service2.

What are your views in the matter?

(b) It has been suggested3 that the service of notice in appeals through the process server should be abolished.

(i) The first service may be effected by registered post upon the party.

(ii) All other notices including notice of appeal in the matters still pending in court should be effected on the counsel, it being a statutory liability of the counsel to accept service of notices

Do you agree with the suggestion?

1. Suggestion of a High Court Judge.

2. Compare Order 5, rule 19A, Code of Civil Procedure, 1908 (as amended).

3. Suggestion of a High Court Judge.