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Bare acts > Code of Civil Procedure, 1908 > Order 5 Rule 18
 
  


 

18. Endorsement of time and manner of service.- The serving officer shall, in all cases in which the summons has been served under rule 16, endorse or annex, or cause to be endorsed or annexed, on or to the original summons, a return stating the time when and the manner in which the summons was served, and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender of the summons.

HIGH COURT AMENDMENTS

Rule 18-A

Andhra Pradesh.- Insert as Rule 18-A:—

“18-A. Chief Ministerial Officer, District Court, may be empowered to order issue of fresh summons—A District Judge, within the meaning of the Madras Civil Courts Act, 1873, may delegate to the Chief Ministerial Officer of the District Court the power to order the issue of fresh summons to a defendant when the return on the previous summons is to the effect that the defendant was not served and the plaintiff does not object to the issue of fresh summons within seven days after the return has been notified on the Notice Board.”

Karnataka.- Add the following as Rule 18-A:

“18-A. The Presiding Officer of a Civil Court may delegate to the Chief Ministerial Officer of the Court, the power to order issue of fresh summons to a defendant when the return on the previous summons is to the effect that the defendant was not served and the plaintiff does not object to issue of fresh summons within 7 days after he has been required to deposit the necessary process fee for the issue of fresh summons. If the plaintiff objects, the matter shall be placed before the Presiding Officer for his orders.” (30-3-1967).

Madras and Pandicherry.- Substitute the following for Rule 18-A inserted in 1929.

“18-A. A District Judge, a Subordinate Judge and a District Munsif within the meaning of the Madras Civil Courts Act, 187.3, and a City Civil Judge within the meaning of the Madras City Civil Court Act, 1862, may delegate to the Chief Ministerial Officer of their respective Courts the power to issue fresh summons to a defendant when (i) the return on the provious summons is to the effect that the defendant was not served and (ii) the plaintiff does not object to the issue of fresh summons within seven days after the return has been notified on the Notice Board.” (9-11-1955).

 

 

 

 

 

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