Section 56 in Civil Court Rules of the High Court of Judicature at Patna
56.
The proof required under the preceding Rules 49, 51 and 55 shall in the following cases ordinarily be-(1)in the case of a respondent, the affidavit of the person by whom the service was effected;(2)in the case of a defendant or judgment-debtor, the affidavit of the person by whom the service was effected, and in addition at least one of the following-(a)The affidavit of an identifier provided by the plaintiff or decree-holder and present at the service;(b)verification in the form printed upon the back of the process and made, at the scene of the service, by a local villager, Chaukidar, Dafadar, Mukhia or Sarpanch present thereat:(c)[ Proof referred to in Order V, Rule 19A (2), C.P.C.:] [Substituted by C.S. No. 54, dated 27.12.1979.]Provided that if deemed necessary the Court may require the examination upon oath or affirmation of such person or persons as it may think fit;[Provided further that in the case of service upon any adult member of the family, whether male or female, residing with the defendant or respondent or Judgment-debtor or opposite party (as the case may be), the affidavit of the person by whom service was effected shall contain a statement that the adult member of the family receiving or taking the notice was residing with the defendant or the respondent or the judgment-debtor or the opposite party at the time of the service and that he was satisfied that the person upon whom service was effected was not a servant but a member of the family:] [Inserted by C.S. No. 75, dated 1.5.1985.]Provided further, that in rent suits and execution cases arising therefrom and in case of pleaders appointed as guardians ad-litem, Government Pleaders in suit against Government and Public Officers, service of summons or notice should be accepted as sufficient upon the peon's affidavit alone, if the peon certifies that he has served the summons or notice in the presence of two witnesses (name and addresses of the witnesses are to be given).
