Report No. 77

4.3. Summons to be sent through process server as well as by post.-

Complaints are often made against the process servers of getting mixed up with one of the parties to the case and on that account not getting service effected. Usually, the defendant is interested in delaying the case and in lieu of some gratification, it is stated, the process server makes an incorrect report of his being not available. On other occasions, a plaintiff gets an ex parte stay-order or other such order prejudicial to the defendant and is interested in not getting service effected upon the opposite side with a view to prolonging the operation of the ex parte order.

In such an event it is not unusual for a plaintiff to get an incorrect report from the process server regarding the non-service of the defendant. To get over such a state of affairs, it is desirable that the summons should issue to the defendant both in the ordinary way and by registered cover. This is what is now required as a result of the amendment already made in the Code of Civil Procedure.1 The registered cover should be sent acknowledgment due.

1. Order 5, rule 19A, Code of Civil Procedure (Simultaneous issue of summons for service by post in addition to personal service).