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Report No. 140

Revised Order 5, rule 21 as is being recommended

"21. Service of summons when defendant resides within the jurisdiction of another court.-If the defendant does not reside within the jurisdiction of the court in which the suit is instituted and has no agent residing within that jurisdiction who is empowered to accept the service of the summons, but resides or has such an agent within the jurisdiction of another court, whether within or without the State, the provisions of rule 19A of this Order shall, as far as may be, apply, subject to the modification that the summons intended to be served by an officer of court may be sent, by the court by which it is issued, to the court within whose jurisdiction the defendant resides or has such an agent and the court to which it is so sent shall then proceed as provided in rule 23 of this Order:

Provided that where the defendant resides or has such an agent within the State at a place not exceeding twenty-five kilometres from the place where the Court issuing the summons is situated, or at a place within ten kilometres of the outer limits of the jurisdiction of the Court, the summons may, instead of following the procedure provided in this rule, be delivered or sent by the court issuing it to the proper officer, to be served by him or one of his subordinates in the manner laid down in rules 9 to 19 (both inclusive) of this Order."

We recommend accordingly.

M.P. Thakkar,

P.M. Bakshi,

Y.V. Anjaneyulu,

Mahesh Chandra,

G.V.G. Krishnamurty,

New Delhi,
Dated: 19th April, 1991.

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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