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Report No. 140

1.4. Present law as contained in Order V, rule 19A.-

Order V, rule 19A(2) of the Code of Civil Procedure, 1908 reads as under:-

"19A. Simultaneous issue of summons for services be post in addition to personal service-(1)......

(2) When an acknowledgment purporting to be signed by the defendant or his agent is received by the Court or the postal article containing the summons is received back by the court with an endorsement purporting to have been made by a postal employee to the effect that the defendant or his agent had refused to take delivery of the postal article containing the summons, when tendered to him, the Court issuing the summons shall declare that the summons had been duly served on the defendant:

Provided that where the summons was properly addressed, prepaid and duly sent by registered post, acknowledgment due, the declaration referred to in this sub-rule shall be made notwithstanding the fact that the acknowledgment having been lost or mislaid, or for any other reason, has not been received by the Court within thirty days from the date of the issue of the summons."

(Emphasis added)

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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