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Report No. 140

3.3. Joint Committee Report.-

When the Joint Committee examined the Bill, its comment was as under:

"Clause 55(iii)-The Committee are of the view that in order to establish that the summons has been duly served on the defendant, the simultaneous issue of summons for service by post should be done by registered post acknowledgment due. Sub-rule (1) of proposed new rule 19A has been amended accordingly."

S.O.R. (Gazette of India, 1-4-76, Pt. III, S. 2, Ext., p. 804/12) (Ref. The AIR Manual, 5th Edn., p. 442).

"Clause 55(iv)-The Committee also feel that in the case of issue of summons for service by registered post, if the defendant refuses to take delivery of the summons, when tendered to him, or the fact that the acknowledgment has been lost or mislaid or has not been received back by the court for any other reason within thirty days from the date of issue of summons, the Court should be authorised to draw a presumption that the summons had been duly served on the defendant. Sub-rule (2) of the proposed new rule 19A has been amended accordingly."

J.C.R. (Gazette of India, 1-4-76, Pt. II, S. 2., Ext., P.B. 04/12) (Ref. The AIR Manual, 5th Edn., p. 442). On a proper reading of the recommendation of the Joint Committee, it appears that the intention was merely to give the court a power, rather than impose on it a duty, to declare the service to be effective, in the situations dealt within rule 19A as proposed by the Joint Committee.



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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