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Report No. 140

2.6. Amendment in Karnataka.-

In the State of Karnataka, the amendment was in the shape of a proviso added to Order V, rule 10, C.P.C. Rule 10 provides that service of the summons shall be made by delivering or tendering a copy thereof, with an endorsement duly signed etc. by the Judge. Karnataka amendment (effected in 1967)1 added the following proviso to rule 10-

"Provided that, in any case the Court may either on its own motion or on the application of the plaintiff, either in the first instance or when summons last issued is returned unserved direct the service of summons by registered post pre-paid for acknowledgment, instead of the mode of service laid down in this rule. The postal acknowledgment purporting to contain the signature of the defendant may be deemed to be prima facie proof of sufficient service of the summons on the defendant on the day on which it purports to have been signed by him. If the postal cover is returned unserved, any endorsement purporting to have been made thereon by the delivery peon or either an employee or officer of the Postal Department shall be prima facie evidence of the statements contained therein."

1. Cf. para. 4.4, infra.

Need to amend Order V, Rule 19A of the Code of Civil Procedure, 1908 - Relating to Service of Summons by Registered Post with a view to foreclose Back

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