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State of Rajasthan - Section

Section 7 in Rules (Consolidated) Under the Code of Civil Procedure, 1908

7.

In Rule 15 of Order V the words "when the defendant is absent or cannot be personally served" shall be substituted for the words "where in any suit, the defendant cannot be found".[8. The following shall be inserted as proviso to Rule 22 of Order V."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 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 inquiry 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."] [Vide Notification No. 10/S.R.O. dated 29-6-1957, Published in Rajasthan Gazette, Ordinary, Part, IV-C, dated 25-7-1957, Page 287, w.e.f. 25-7-1957.][9. In Order V, in Rule 26, the following proviso shall be inserted:"Provided that the Court issuing the summons shall, if the State Government by notification in the Official Gazette so directs, send the summons to the Government or other officer specified in that behalf, of the foreign territory in which the Court in respect of which a declaration has been made by the State Government under clause (b) is situated and in which the defendant resides, through the Ministry of the Central Government dealing with the External Affairs, or such officer as may be specified in the said notification in this behalf, or causing the summons to be served upon the defendant by such Court or the officer of the foreign territory as aforesaid, and such court or the officer, returns summons with an endorsement signed by the Judge or any officer of such Court or the aforesaid officer of the foreign territory, that the summons has been served on the defendant in the manner hereinbefore directed such endorsement shall be deemed to be evidence of service."] [Vide Notification No. 8/S.R.O., dated 23-12-1964, Rajasthan Government Gazette, Ordinary, Part IV-C, dated 11-3-1965, Page 806(65), w.e.f. 11-3-1965]Order VII[10. The following rules shall be added to Order VII as Rules 19 to 25; viz.] [Vide Notification No. 29/S.R.O., dated 8-7-1954 - Rajasthan Gazette., Ordinary, Part IV-C dated 24-7-1954, page 210 w.e.f 24-7-1954.]"19. (1) Every plaint or original petition shall be accompanied by a memorandum giving an address at which service of process may be made on the plaintiff or petitioner. Plaintiffs or petitioners subsequently added shall immediately on being so added, file a memorandum of this nature.
(2)This address shall be called the registered address and it shall hold good through out interloculatory proceedings and appeals and also for further period of two years from the date of final decision and all purposes including those of execution.