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Report No. 77

4.7. Examination of process server.-

According to Order V, rule 19 of the Code of Civil Procedure, where a summons is returned under rule 17, the Court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may, if it has been so verified, examine the serving officer on oath, or cause him to be so examined by another court touching his proceedings, and may make such further enquiry in the matter as it thinks fit, and shall either declare that the summons has been duly served or order such service as it thinks fit.

This provision underlines the importance of the reports of the process server and contemplates that those reports should be correct. To ensure that the above provision is not reduced to a dead letter, we are of the opinion that in those cases where the court as a result of enquiry comes to the conclusion that the process server has made a false report, it should take stringent and prompt action against the process server concerned.

Such action, we have no doubt, would act as a deterrent for other process servers making false reports. It would also obviate the necessity of applications under Order IX, C.P.C. for setting aside ex parte decree or ex parte proceedings which consume so much of the time of the court.



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