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Report No. 140

Chapter III

The Amendment of 1976

3.1. Law Commission recommendation.-

The provision in Order V, rule 19A came into the Code as a result of the amendment Act of 1976 with effect from February 1, 1977. On a very important point, however, the amendment made in 1976 departs from the recommendation made by the Law Commission of India in its Report on the subject. Insertion of the provision regarding service of summons by registered post was recommended by the Law Commission in its 54th Report on the Coda of Civil Procedure (after a consideration of the recommendations made in the earlier reports of the Commission, being the 14th and 27th Reports). But, what the Law Commission recommended in its 27th Report, were draft amendments on the following lines:-

"19A. (1) The Court shall in addition to and simultaneously with the issue of summons for service in the manner provided in rules 9 to 19, also direct the summons to be served by registered post addressed to the defendant or his agent empowered to accept the service at the place where the defendant or his agent ordinarily resides or carries on business or personally works for gain:

Provided that nothing in this sub-rule shall require the Court to issue a summons for service by registered post, where, in the circumstances of the case, the Court regards it as unnecessary.

(2) When an acknowledgment purporting to be signed by the defendant or the agent or an endorsement purporting to be made by a postal employee that the defendant or the agent refused to take delivery has been received, the Court issuing the summons may declare that there has been valid service."

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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