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Report No. 77

4. Stages of delay: summons

(11) The time taken in scrutiny of the plaint should not exceed one week (between the filing of the plaint and the registering of the suit)1.

1. Para. 4.1.

(12) Along with the plaint, besides the copies of the plaint, necessary forms of summons duly filled in with necessary particulars except the date should also be filed by plaintiff1 so as to save the time at present taken in preparing the form of summons.

1. Para. 4.2.

(13) Long delays take place in getting service effected upon the defendants. To obviate this delay, summonses to the defendants should be issued both in the ordinary way (for service through the process server) and by registered cover acknowledgement due1.

1. Para. 4.3.

(14) Where the circumstances warrant, the Court should readily make use of the provisions of Order 5, rule 20, C.P.C. for substituted service1.

1. Para. 4.4.

(15) Full use should be made of Order 1, rule 8, C.P.C., which permits representative suit1.

1. Para. 4.5.

(16) There should be proper administrative supervision of the work of process servers. If necessary, their pay scales should be suitably revised. The practice prevailing in some States of having an Administrative Sub-Judge who supervises the work of process servers and bailiffs in big cities can be usefully adopted in other States also. The suggestion that some incentive should also be provided to process servers in getting personal service effected on a number of persons in a month may also be looked into1.

1. Para. 4.6 (Administrative supervision of process servers); see also para. 11.4.

(17) Stringent and prompt action should be taken against process servers making false reports1.

1. Para. 4.7.



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