Section 5(d) in Rules Under the Court-Fees Act, 1870
(d)The Code provides in Order XVI, rule 10, that the Court may issue a subsequent summons on failure of service under Order XVI, Rule 1. Here, therefore, the Court may demand a stamped application or may proceed suo motu. Such subsequent applications are not exempt under Section 19 (xiv), Court-fees Act, and must be stamped.
