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[Cites 0, Cited by 0] [Section 9A] [Entire Act]

Union of India - Subsection

Section 9A(4) in The Code of Civil Procedure, 1908

(4)If such summons, when tendered, is refused or if the person served refuses to sign an acknowledgment of service or for any reason such summons cannot be served personally, the Court shall, on the application of the party, re-issue such summons to be served by the Court in the same manner as a summons to a defendant.
High Court Amendments-[Allahabad].-Add the following as sub-rule (3) to rule 9-"(3) In lieu of, or in addition to, the procedure indicated in sub-rule (1), such summonsmay be served by sending it by registered post addressed to the defendant at the place where he resides or carries on business or works for gain or to the agent at the place where he resides. Unless the cover is returned undelivered by the Post Office on account of want of proper address or any other sufficient reason, the summons may be deemed to have been delivered to the addressee at the time when it should have reached him in the ordinary course."-(29-3-1958 and 14-4-1962).[Andhra Pradesh].-Same as that of Kerala.[Kerala].-Add the following after rule 9(2):"(3) Where the defendant resides in India, whether within the jurisdiction of the Court in which the suit is instituted or not, the Court may direct the proper officer to cause a summons under this Order to be addressed to the defendant at the place where he ordinarily resides, or carries on business or works for gain and sent to him by registered post, prepaid for acknowledgment. An acknowledgment purporting to be signed by the defendant shall be deemed to be sufficient proof of service of such summons."-(9-6-1959).[N.B.-These High Court Amendments relate to the provisions as existed before the 2002 Amendment Act.]