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Report No. 140

2.3. Madras amendment in Order V, rule 9.-

As mentioned above1, local amendments in some States had made service by registered post a permissible mode of service. In Madras, for example, in 1951, the High Court introduced rule 9(3) to provide for sending of the first summons by registered post to the defendant. The sub-rule was as under:

"(3) Where the defendant resides in India, whether within the jurisdiction of the court in which the suit is instituted or not, the court may direct the proper officer to cause a summons under this Order to be addressed to the defendant at the place where he ordinarily resides or carries on business or works for gain, and sent to him by registered post prepaid for acknowledgment, an acknowledgment purporting to be signed by the defendant shall be deemed to be sufficient proof of service of such summons."

1. Para. 2.2, supra.

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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