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[Entire Act]
Union of India - Section
Section 19A in The Code of Civil Procedure, 1908
19A. [ Simultaneous issue of summons for service by post in addition to personal service. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).].- ]Omitted by the Code of Civil Procedure (Amendment Act 1999 (46 of 1999), section 15 (w.e.f. 1.7.2002).]
| High Court Amendments-[Assam].-Same as that of Calcutta.[Bombay].-In sub-rule (1) for the word "shall", substitute "may" and delete the proviso.-(1-10-1983).[Calcutta].-Add after rule 19:"19A. A declaration made and subscribed by a serving officer shall be received as evidence of the facts as to the service or attempted service of the summons."[Madras].-For rule 19-A, the following rule shall be substituted, namely:"(1) The Court shall, in addition to and simultaneously with the issue of summons for service in the manner provided in rules 9 to 19 (both inclusive) also direct the summons to be served by registered post, acknowledgment due; either through an officer of Court or by the plaintiff personally, addressed to the defendant or his agent empowered to accept the service at the place where the defendant or his agent, actually and voluntarily resides or carries on business or personally works for gain:Provided that nothing in this sub-rule shall require the Court to issue a summons for service by registered post, where, in the circumstances of the case, the Court considers it unnecessary.(2)(i) Where an acknowledgment purporting to be signed by the defendant or his agent is received by this Court, or is filed into Court by the plaintiff together with an affidavit, sworn to by the plaintiff as to the manner of service, such service shall be deemed to be sufficient proof of service of summons in the suit.(ii) Where the summons sent by registered post by an officer of Court is received back by the Court with an endorsement purporting to have been made by a postal employee to the effect that the defendant or his agent had refused to take delivery of the postal article containing the summons, when tendered to him, the Court issuing such summons may declare that the summons had been duly served on the defendant.(iii) Where, however, the plaintiff files into Court an affidavit sworn to by him, stating that the postal article containing the summons is received back by him with an endorsement purporting to have been made by a postal employee that the defendant or his agent had refused to take delivery of the postal articles containing the summons, together with the returned postal article containing the summons, the Court issuing such summons shall not declare that the summons had been duly served on the defendant. "-(10-9-1986).[N.B.-These High Court Amendments relate to the provisions as existed before the 1999 Amendment Act.] |