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Report No. 140

Chapter II

Pre-1976 Developments

2.1. Mode of service of summons under the Code.-

The scheme of the Code of Civil Procedure as contained in Order V, rule 9 (as originally enacted), primarily contemplates personal service of summons on the defendant. Rules 5 to 16 of that Order mostly relate to personal service. Rule 17 provides that where the defendant refuses to receive a summons, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the'house in which the defendant ordinarily resides, carries on business or personally works for gain.

The serving officer shall then return the original summons to the court, with a report of the circumstances under which service could not be effected in the proper way. Rule 19 provides for a case where the summons is returned under the provisions of rule 17. The court, after perusing the report of the serving officer and also, if necessary, after examining the serving officer, is empowered either to declare that the service was sufficient, or to order fresh summons being issued out.

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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