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State of Rajasthan - Section

Section 79 in The General Rules (Civil), 1986

79. Party's fault in non

- service of witnesses.-(1) In all cases the court shall require a party applying for an adjournment on the ground that a summons has not been duly served to show that he applied where it was possible to so apply, for the issue of the summons in time to enable the service to be effected and that he performed every other act required for the issue and service thereof.
(2)When a date more than one month ahead is fixed for the examination of witnesses the parties shall make repealed efforts to procure sendee of summons on their witnesses. It shall be their duty in the absence of any special order of the court for the issue of summonses within ten days of the order fixing the date for examination of witnesses and to make subsequent applications within seven days of the return to the court of a summons which has not been duly served.Similarly when a date of more than one month is fixed for the service of summons on the opposite parties repeated efforts to procure sendee of summons shall be made.
(3)The Nazir shall contact the party applying for the process, his authorised agent or counsel, and inform him of the fact that the process has been returned unserved. The signature of the party, agent or counsel, shall be obtained in such cases. Regarding cases, in which the party, agent or counsel cannot be conveniently contacted, a list of processes returned unserved, shall be notified from time to time on the notice board of the court.
(4)Where a summons has been returned unserved by reason of a wrong or insufficient address of the witness, the court may, before adjourning the case for issue of a fresh summons require the party applying for the same to satisfy the court, by affidavit or otherwise, that such party was not in a position to know the correct address at the date when he applied for the issue of the former summons, and also that the evidence of the witness is really material.
(F)Hearing of Suits