(2)All returns of service or non-service shall be made in form (No. II-4) immediately after service or non-service. The space on the back of the form may be utilised, where necessary, for continuation of the entry in column 4. The process-server shall sign at the foot of each return before making the same over with the process to the Nazir or Naib-Nazir.Instructions for the Guidance of Process-Servers and Returning OfficersI. If the process-server is personally acquainted with the person to be served the fact should be stated. If he is not so acquainted, it should be stated how the process-server satisfied himself about the identity of the person.II. It should be seen that the name of the person who accepts service correspondences exactly with the name given in the process. When the signature in token of acceptance differs from the name given in the process, the discrepancy should be explained.III. Where the process is served on some person other than the person named therein, who accepts the process on his behalf it should be stated whether such person is an adult and whether he is living with and is undivided from the person on whose behalf he accepts service.IV. Where service is accepted by an agent, it should be stated whether such person is duly authorised to accept service.V. Where a person refuses to accept the process, the grounds thereof, if any, and the names of the persons witnesses the refusal should be given.VI. When personal service is not possible on pardanashin women, an attempt should be made to serve on some responsible male member of the family.VII Where the service has been effected by affixing a copy of the process to the house of the person to be served, the process-server shall state in column 3 the name and address of the person who showed the house or the fact that he knows the house himself, as the case may be, and m column 4 the following matters :-(a)the number of times and the dates and hours at which he went to the house;(b)the attempts made by him to find the person to be served;(c)whether he had any, and if so, what reason to suppose that such person was within the house or its neighbourhood or was endeavouring to evade service;(d)whether any male member of the family over 18 years of age was residing with him;(e)whether the house was open or locked when the copy was affixed to it;(f)if the person was absent from the house, his whereabouts, if known, and the distance of the place to which he is said to have gone;(g)any other circumstances showing the necessity for affixing.VIII. If the person to be served refuses to sign the acknowledgment of service, it shall be stated in column 4 that he was informed of the nature and contents of the process.IX. When a notice is served on a minor personally the server shall state in his report the apparent age of the minor.X. Where substituted service has been ordered, the manner in which the process was served shall be fully and exactly stated in column 4, with the special reference to the order for substituted service.XI. where a summons or notice has to be served upon a corporation, firm or persons carrying on business in names other than their own, the process-server shall state in column 2 whether the process has been served at the registered office or principal place of business of the corporation or firm concerned, and note, if possible, in column 4 the position of the officer of the corporation or firm on whom the process has been served.XII. Any sum paid for expenses to a witness shall be entered in the remarks column.XIII. In case a server while on his beat is taken ill or is prevented by some cause beyond his control, such as floods or the like from returning to his headquarters by the date fixed in his work-ticket he shall send to the Nazir or Naib-Nazir by "post payable" such processes as have been dealt with by him.XIV. When in execution of a warrant a process-server realizes money he should not pay the same direct to the decree-holder or his agent, but must make it over to the Nazir for being credited into Civil Court deposit. The process-server shall remit to the Court all sums in excess of Rs. 50 realized under a warrant or warrants by money-order from the nearest post office at the expense of the judgement-debtor or judgement-debtors :Provided that when such post office is either at a longer distance than the headquarters or is equidistant but in a direct different from that in which the process-server is travelling he should return to the headquarters immediately and pay the whole amount realised by him to the Nazir or the Naib-Nazir, as the case may be, before proceeding further on his journey.XV. The process-servers should understand the provisions of Sections 55 (1) and 62 (2), Civil Procedure Code, and remember that when they are charged with execution of warrants of arrest or warrants of attachment of movables, there is no prohibition against breaking open any outer door of a dwelling house when the house is in the occupancy of the judgement-debtor and he refuses or prevents access thereto.XVI. (a) Section 46 of the Code of Criminal Procedure requires that the officer making an arrest shall actually touch or confine the body of the person to be arrested, unless there is a submission to the custody by word or action. A note relating to such submission or touching or confirming of the body should, therefore, be made by the officer in his report in the warrant.(b)The officer shall have the warrant of arrest in his possession at the time of making an arrest and shall notify the substance thereof to the person to be arrested, and if so required, shall show him the warrant.(c)If a judgement-debtor is arrested and if he subsequently pays the amount due from him he shall forthwith be released.XVII. All returns of service or non-service of processes received from Courts not in the station whose staff was entrusted with the service and those relating to processes received from other Courts and returned under Rule 60 foregoing shall be verified by an affidavit made before an officer empowered in this behalf.
