5. Service of process on pleader.- Any process served on the pleader who has been duly appointed to act in Court for any party or left at the office or ordinary residence of such pleader, and whether the same is for the personal appearance of the party or not, shall be presumed to be duly communicated and made known to the party whom the pleader represents, and, unless the court otherwise directs, shall be as effectual for all purposes as if the same had been given to or served on the party in person. HIGH COURT AMENDMENTS ANDHRA PRADESH.—Same as that of Madras. BOMBAY, DADRA AND NAGAR HAVELI.- In Order III, for the existing Rule 5 and its marginal note, substitute the following Rule 5 and marginal note: “5. Service of process on pleader.—Any process served on a pleader who has been appointed to act for any party or left at the office or ordinary residence of such pleader, and whether the same s for the personal appearance of the party or not, shall be presumed to be duly communicated and made known to the party whom the pleader represents and, unless the Court otherwise directs, shall be as effectual for all purposes as if the same had been given to or served on the party in person.”
(11.6.1966). GUJARAT.—In Order III, Rule 5, for the words “on the pleader of any party”, the words” on a pleader who has been appointed to act for any party” shall be substituted. (17.8.1961). KARNATAKA.—Substitute the following for Rule 5:
“5. (1) Any process served on the pleader of any party or left at the office or ordinary residence of such pleader and whether the same is for the personal appearance of party or not, shall be presumed to be duly communicated and made, known to the party whom the pleader represents, and unless the Court otherwise directs, shall be as effectual for all purposes as if the same had been given to or served on the party in person. Explanation—Service on a pleader engaged only to plead and who does not act his client shall not raise the presumption under this rule. (2) A pleader appointed to act shall be bound to receive notice on behalf of his client in all proceedings in the suit as defined in sub-rule (3) of Rule 4. Where however, such pleader having been served with notice reports to Court absence of instructions from his client under sub-rule (4) of Rule 4, the Court shall direct that notice shall be issued and served personally on the party in the manner prescribed for service of summons on a defendant under Order V of this Code.” (30.3.1967). MADHYA PRADESH.- Same as that of Gujarat. (16.9.1960). MADRAS AND PONDICHERRY.- Insert the following at the end: “Explanation—Service on a pleader who does not act for his client, shall not raise the presumption under this rule.” [R.O.C.No. 1810 of 1926- 20.12.1927; Act 16 of 1968, Section 3 and Schedule, Part II (w.e.f. 5.9.1968)]. RAJASTHAN.—Same as that of Gujarat. (14.8.1954). Rule 5-B. ORISSA.—Same as that of Patna. PATNA.—Add the following rule: “5B. Notwithstanding anything contained in Order III, sub-rules (2) and (3) of Rule 4 of the First Schedule of the Code of Civil Procedure no pleader shall act for any person in the High Court unless he has been appointed for the purpose in the manner prescribed by sub-rule (1) and the appointment has been filed in the High Court.” (26.7.1948)
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