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Bare acts > Code of Civil Procedure, 1908 > Order 5 Rule 22
 
  


 

22. Service, within presidency towns, of summons issued by courts outside.- Where a summons issued by any court established beyond the limits of the towns of Calcutta, Madras and Bombay is to be served within any such limits, it shall be sent to the court of small causes within whose jurisdiction it is to be served.

HIGH COURT AMENDMENTS

BOMBAY, DADRA AND NAGAR HAVELI.—Add the following proviso:—

“Provided that where any such summons is to be served within the limits of Greater Bombay, it may be addressed to the defendant at the place within such limits where he is residing (or where he ordinarily carries on business) and may be sent to him by the Court by post registered for acknowledgement. An acknowledgment purporting to be signed by the defendant or an endorsement by a postal servant that the defendant refused service 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 either declare the summons to have been duly served or order such further service as may in its opinion be necessary.” (1-11-1966).

GUJARAT.- Same as that of Bombay except for the words “endorsement by a postal servant” the words “endorsement purporting to be by a postal servant’ are substituted and words put in brackets are omitted.(17-8- 1961).

RAJASTHAN.- Add the following proviso:

“Provided that any such summons may instead be addressed to the defendant at the place within such limits where he is residing and may be sent to him by the Court by post registered for acknowledgment. An acknowledgment purporting to be signed by the defendant or an endorsement by a postal servant that the defendant refuses service 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 inquiry as it thinks fit and either declare the summons to have been served or order such further service as may in its opinion be necessary.” (25-7-1957).

 

 

 

 

 

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