91. Procedure when notices returned unserved, or served by affixing.
(a)If a notice to a respondent or opponent is returned unserved, or is returned served by affixing at the registered address, the following procedure shall be adopted. The office shall on the first working day of the week, place on the Notice Board under the signature of the Assistant Registrar a list showing the notices that have been returned unserved and those that have been returned served by affixing at the registered addresses.The list shall state :-(i)the number of the proceeding,(ii)the name of the Advocate for the appellant or applicant,(iii)the name of the person whom the notice has been returned unserved or served by affixing, showing the designation as opponent or respondent, and where he is reported to be dead, a statement to that effect,(iv)the date on which the unserved notice was received in the office,(v)Deleted.The publication of this list on the Notice Board shall be deemed to be sufficient intimation to the appellant or applicant, as the case may be, of non-service or of service by affixing the notice. A copy of the list shall be given to the Advocate Association for its use.(b)Within one month of the publication of the list mentioned above in case of an unserved notice the Advocate or party shall file a regular stamped application [or application with e-payment receipt] [Inserted vide High Court Notification No.C.2002/93, dated 30.08.2016.] for issue of fresh notice at a different address but where the notice is served by affixing he shall supply postal stamps to cover the postal and registration charges.(c)Delay in taking action under sub-rule (b) of this rule, may be excused by the Registrar up to a maximum of 15 days in expedited or short notice matters and of 30 days in other ' matters and if no application is made or postal stamps supplied within such period, the procedure prescribed in Chapter XII shall be followed.(d)In cases where a notice is returned unserved reporting the death of the party to be served and where no action is taken to bring the heirs of the deceased party on record within 90 days from the date of the publication of the list under this rule, the matter shall be placed before the Registrar for orders regarding the abatement of the appeal or application as against deceased party.
