25. Endorsement on process.- (1) The officer entrusted with the execution of the process shall endorse thereon the day on, and the manner in which it was executed, and, if the latest day specified in the process for the return thereof has been exceeded, the reason of the delay or, if it was not executed, the reason why it was not executed, and shall return the process with such endorsement to the court. (2) Where the endorsement is to the effect that such officer is unable to execute the process, the court shall examine him touching his alleged inability, and may, if it thinks fit, summon and examine witnesses as to such inability, and shall record the result. HIGH COURT AMENDMENTS Allahabad.- Substitute clause (2) as follows: “(2) Where the endorsement is to the effect that such officer is unable to execute the process the Court may examine him personally or upon affidavit touching his alleged inability and may, if it thinks fit, summon and examine witnesses as to such inability and shall record the result.” (7-9-1918). Andhra Pradesh, Kerala, Madras and Pondicherry.- After clause (1) add as follows and delete clause (2): “(2) Where in the case of a decree for the payment of money the process is not executed owing to the decree having been satisfied such officer shall also obtain an endorsement on the process to that effect signed by the D.H. and attested by two respectable witnesses who can identify the D.H. (3) When the endorsement of such officer is to the effect that he is unable to execute the process the Court shall examine him or cause him to be examined by any other Court touching his inability and may if it thinks fit summon and examine witnesses as to such inability and shall record the result: Provided that an examination of the officer entrusted with the execution of a process by the Nazir or the Deputy Nazir under the general or special orders of the Court shall be deemed to be sufficient compliance with the requirements of this clause. Where the inability to execute the process is stated to be due to the satisfaction of the decree and such satisfaction has been endorsed on the process as mentioned in sob-rule (2) above, the Court shall issue notice to the D.H. to show cause on a day to be fixed by the Court why such satisfaction should not be recorded as certified and if after service of such notice the D.H. fails to show cause why the satisfaction should not be recorded as certified the Court shall record the same accordingly. A result of satisfaction under the provision of this sub-rule shall have the same effect as one under the provisions of Order XXI, Rule 2(2).” Bombay.- Add the following proviso to sub-rule (2): “Provided that an examination of the officer entrusted with the execution of a process by the Nazir or the Deputy Nazir under the general or special orders of the Court shall be deemed to be sufficient compliance with the requirements of this rule.”(1-10-1983). Gujarat.- Same as that of Bombay excepting the words “or the Deputy Nazir.” (17.8.1961). Karnataka.- Delete Rule 25 and substitute the following: “25(1) The officer entrusted with the execution of the process shall endorse thereon the day on which and the manner in which it was executed, and if the latest day specified in the process for the return thereof has been exceeded, the reason for the delay, or, if it was not executed, the reason why it was not executed and shall return the process with such endorsement to the Court, (2) Where the endorsement is to the effect that such officer is unable to execute the process. the Court may on its own motion and shall upon an application by the petitioner in the execution application examine the officer touching his alleged inability and may, if it thinks fit, summon and examine witnesses as to such inability and shall record the result. Such examination of the process server as well as of witness summoned under this rule shall be made after notice to the petitioner in execution application or his pleader. (3) Where in the case of a decree for the payment of money the process is not executed owing to the decree having been satisfied, such officer shall also obtain an endorsement on the process to that effect signed by the decree-holder and attested by two respectable witnesses who can identify the decree-holder. On receipt of the process with an endorsement so signed and attested, the Court shall issue notice to the decree-holder to show cause, on a day to be fixed by the Court why such satisfaction should not be recorded as certified and if after service of such notice the decree-holder fails to show such cause the Court shall record the same accordingly. A record of satisfaction under the provisions of this sub-rule shall have the same effect as one made under the provisions of sub-rule (2) of Rule 2 of this Order.” (30.3.1967).
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