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Bare acts > Code of Civil Procedure, 1908 > Order 5 Rule 21
 
  


 

21. Service of summons where defendant resides within jurisdiction of another court.- A summons may be sent by the court by which it is issued, whether within or without the State, either by one of its officers or by post or by such courier service as may be approved by the High Court, by fax message or by electronic mail service or by any other means as may be provided by the rules made by the High Court to any court (not being the High Court) having jurisdiction in the place where the defendant resides.

HIGH COURT AMENDMENTS

ALLAHABAD.- Re-number Rule 21 as sub-rule (1) and add the following as sub-rule 1(2):

“(2) In lieu of or in addition to, the procedure indicated in sub-rule (1), such summons may also be served by sending it by registered post addressed to the defendant at the place where he ordinarily resides or carries on business or works for gain. Unless the cover is returned undelivered by the post office on account of Want of proper address or other similar reason, the summons may be deemed to have been delivered to the addressee at the time when it should have reached him in the ordinary course.” (1-6-1967).

ANDHRA PRADESH.—Add the proviso to Rule 21:

“Provided that summons intended for service in the twin cities of Hyderabad and Secunderabad shall be sent to the City Civil Court, Hyderabad, at Secunderabad.” (23-3-1967)

PUNJAB, HARYANA AND CHANDIGARH.- Add the following proviso to Rule 5:

“Provided that where the defendant resides within the State at a place not exceeding sixteen kilometers from the place where the Court is situate, a summons may be delivered or sent by the Court to one of its officers to be served by him or one of his subordinates.” (12-9-1978)

Rule 21-A

BOMBAY, DADRA AND NAGAR HAVELI.- The following shall be inserted:

“Rule 21-A. Service of summons by prepaid post wherever the defendant may by residing if plaintiff so desires.— Notwithstanding anything in the foregoing rules and whether the defendant resides within the jurisdiction of the Court or not, (the Court may, in addition to or in substitution for, any other mode of service), cause the summons to be addressed to the defendant at the place where he is residing, (Or where he ordinarily carries on business) and Sent to him by registered post, prepaid for acknowledgement, provided that at such place there is a regular daily postal service. An acknowledgement purporting to be signed by the defendant shall be deemed by the Court issuing the summons to be prima facie proof of service. In all other cases the Court shall hold such enquiry as it thinks fit and declare the summons to have been duly served or order such further service as may in its opinion be necessary.” (1-11-1966)

GUJARAT.- As in Bombay save that the rule begins with words “the Court may’ and the words put in brackets are omitted. (17-8-1961).

MADHYA PRADESH- Insert as Rule 21-A:

“21-A. The Court, may, notwithstanding anything in the foregoing rules, cause the summons of its own Court or of any other Court in India to be addressed to the defendant at the place where he ordinarily resides or carries on business and sent to him by registered post pre-paid for acknowledgement provided that such place is a town or village in the Akola revenue taluq. An acknowledgement purporting to be signed by the defendant or an endorsement by a postal servant that the defendant refused service may be deemed by the Court issuing the summons to be prima facie proof of service.” (23-9-1932).

 

 

 

 

 

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