Report No. 140

3.5. Case Law in Order V, rule 19A.-

To revert to the amendment1 as effected in 1976 by introducing Order V, rule 19A. Civil Procedure Code, it is enough to state that the court must now draw the presumption. The High Court of Orissa2 has held that once service under Order V, rule 19A(2) is made on the defendant, it shall be deemed to be sufficient and it is not necessary to prove personal service. In other words, though a summons for personal service has to be issued (as provided by the rule), it is not necessary that the service by the personal mode made should have been successful.

1. For the text of Order 5, rule 19A, see para. 1.4, supra.

2. Samir Snigdha Chandra v. Pranaya Bhushan Chandra, AIR 1989 Ori 185.