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SERVICE OF SUMMON
(1) Personal Service:
Order V Rule 10 of Code of Civil Procedure provides that
service of summons shall be made by delivering or tendering a copy
thereof, signed by the judge or such officer as he appoints in this behalf
and sealed with the seal of the court. According to Rule 12 of Order V of
the Code of Civil Procedure, wherever it is practicable, service shall be
made on the defendant in person, unless he has an agent empowered to
accept service in which case the service on such agent shall be
sufficient.
Order V Rule 15 of the Code of Civil Procedure provides
that where in any suit the defendant is absent at the time when the
service of summons is sought to be effected on him at this residence and
there is no likelihood of his being found at the residence within a
reasonable time and he has no agent empowered to accept service of
the summons on his behalf, service may be made on any adult member
of the family, whether male or female, who is residing with him.
() Service by courier. –
Sub rule (3) as amended in year 2002 says service of
summons may be made by delivering or transmitting a copy thereof by
registered post A.D. or by speed-post or by such courier services as
approved by High Court or Court referred in sub-rule (1). However
service of summons under this rule shall be made at the expense a
plaintiff.
() Service on Corporation :
Order XXIX Rule 2 of the Civil Procedure Code deals
with service on corporation. It provides that where the suit is against a
corporation, the summons may be served: (a) on the secretary, on any
director, or other principal officer of the corporation, or (b) by leaving it or
sending it by post addressed to the corporation at the registered office, or
if there is no registered office, then at the place where the corporation
carries on business.