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Report No. 140

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 Likely injustice

Contents
Chapter I Introductory
1.1 Perspective
2,3. The Problem
4. Present law as contained in Order V, rule 19A
5,6. Hazards involved in a mandatory declaration
Chapter II Pre-1976 Developments
2.1. Mode of service of summons under the Code
2. Service by registered post
3. Madras amendment in Order V, rule 9
4. Effect of refusal (Madras amendment)
5. Observations in a Madras case
6. Amendment in Karnataka
7. Rajasthan amendment
8. Order V, rule 20A
9. Effect of pre-1976 amendment
Chapter III The Amendment of 1976
3.1. Law Commission recommendation
2. The Bill of 1974
3. Joint Committee Report
4. Bill as reported
5. Case Law in Order V, rule 19A
6. Copy of plaint
Chapter IV Hardship Resulting from the Present Law
4.1. Hardship resulting from present provision
2. Some selected case
3. A Gauhati case
4. A case from Karnataka
5. A case from Punjab and Haryana
6. A case from Rajasthan
7. A case from Madhya Pradesh
8. Mulla's view
9. Bombay and Madras amendments
10. Ex parte decree in matrimonial cases
Chapter V Defendant Residing Outside Jurisdiction
5.1. Question of defendant residing outside the jurisdiction of the Court issuing summons
2. Uncertainty regarding places outside jurisdiction-Recommendations
Chapter VI Recommendations
6.1. Possible solution
2. Recommendations
3. Order 5, rule 19A to be amended
4. Order 5, rule 21 to be amended
Recommendations
Revised Order 5, rule 21 as is being recommended


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