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Report No. 140

2.7. Rajasthan amendment.-

In Rajasthan, a proviso was added to Order 5, rule 10, in the following terms, in 1954:

"Provided that in any case the Court may in its discretion send the summons to the defendant by registered post in addition to the mode of service laid down in this rule. An acknowledgment purporting to be signed by the defendant or an endorsement by postal servant that the defendant refused to take the delivery may be deemed by the Court issuing the summons to be prima facie proof of service."1

Of course, these amendments lost their utility after the insertion of Order 5, rule 19A by the Code of Civil Procedure (Amendment) Act, 1976 (a Central Act).

1. Similar amendment was made by Patna High Court.



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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