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Report No. 140

3.2. The Bill of 1974.-

The above recommendation in the 27th report of the Law Commission was reiterated in the 54th Report1, para 5.7 (February 1973). The Code of Civil Procedure (Amendment) Bill, 1974 was introduced in the Parliament in April 1974. The Bill proposed insertion of rule 19A on the same lines as those recommended by the Law Commission. The amendment Bill of 1974 did not make presumption of service mandatory, because it had followed the recommendation made by the Law Commission of India, which had proposed to give a discretion to the court. Clause 53, sub-clause (iv) of the Bill was thus explained in the Notes on clauses appended with the Statement of Objects and Reasons:-

"New rule 19A is being inserted to provide for the simultaneous issue of summons for service in the ordinary manner and by post."

1. Law Commission of India, 54th Report, para. 5.7 (February 1973).



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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