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Bare acts > Code of Civil Procedure, 1908 > Order 16 Rule 8
 
  


 

8. Summons how served.- Every summons under this Order, not being a summons delivered to a party for service under rule 7A, shall be served as nearly as may be in the same manner as a summons to a defendant, and the rules in Order V as to proof of service shall apply in the case of all summonses served under this rule.

HIGH COURT AMENDMENTS

Allahabad.- After “this Order” and before “shall be served,” add “may by leave of the Court be served by the party or his agent. applying for the same, by personal service and failing such service.” (24.7.1926).

Andhra Pradesh.- Substitute for Rule 8:

“A summons under this Order may be delivered by the Court to the party applying for such summons for making service on the witness, provided that when the service is not effected by the party or the party is unwilling to do so the summons shall be delivered through the proper officer of the Court. The rules in Order V as to proof of service shall apply in the case of all summons served under this rule.”

Assam.- Substitute the following;

“(1) Every summons under this Order not being a summons made over to a party for service under Rule 7-A (1) of this Order shall be served as nearly as may be in the same manner as a summons to a defendant and the rule in Order V as to proof of service shall apply thereto.

(2) The party applying for a summons to be served under this rule shall before the summons is granted and within a period to be fixed pay into Court the sum fixed by the Court under Rule 2 of this Order.” (25.7.1928).

“Exception - When applying for a summons for any of its own officers in his official capacity, Government will be exempt from the operation of this rule.” (8.3.1948).

Calcutta.- Same as that of Assam.

Kerala.- Substitute as follows:

“(1) A summons under this Order may be delivered by this Court to the party applying for such summons for making service on the witness.

Provided that when the party so desires in the first instance or is unable after due diligence to effect such service, the summons shall be delivered through the proper officer of the Court.

(2) Service of summons on a witness by the party or by the proper officer shall, as nearly as may be, in the same manner as on a defendant and the rules in Order V as to proof of service shall apply in the case of all summons served under this rule. (9.6.1959).

Madras.- Same as that of Calcutta. Except that delete sub-rule (1) and renumber sub-rule (2) as Rule 8. (29.12.1961).

Patna.- Add

“Provided that a summons under this Order may by leave of the Court served by the party or his agent applying for the same by personal service, If such service is not effected and the Court is satisfied that reasonable diligence has been used by the party or his agent to effect such service then the summons shall be served by the Court in the usual manner.”

Rajasthan.- Add the following proviso:

“Provided that any party may by leave of the Court, by himself or through his agent, serve any of his witness or witnesses personally.” (24.7.1954).

 

 

 

 

 

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