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Bare acts > Code of Civil Procedure, 1908 > Order 5 Rule 29
 
  


 


29. Duty of person to whom summons is delivered or sent for service.-
(1) Where a summons is delivered or sent to any person for service under rule 24, rule 27 or rule 28, such person shall be bound to serve it if possible, and to return it under his signature, with the written acknowledgement of the defendant, and such signature shall be deemed to be evidence of service.
(2) Where from any cause service is impossible, the summons shall be returned to the court with a full statement of such cause and of the steps taken to procure service, and such statement shall be deemed to be evidence of non-service.

HIGH COURT AMENDMENTS

Allahabad.- In sub-rule(1), line 3, for the words and figures “Rule 28” read “Rule 28(1).” (5-3-1927).

Rule 29-A

ANDHRA PRADESH.- Same as that of Madras — as amended in 1958. (29-8-1957).

KARNATAKA.- Add the following as Rule 29-A.

“29-A. Notwithstanding anything contained in the foregoing rules, where the defendant is a public officer (not belonging to Military, Naval or Air Forces) sued in his official capacity, service of summons shall be made by sending a copy of the summons to the defendant by registered post pre-paid for acknowledgement together with the original summons, which the defendant shall sign and return to the Court which issued the summons.” (30-3-1967).

KERALA.- “Service where defendant is a public officer sued in his official capacity”. Same as that of Madras (9-6-1959): Reg. 8 of 1965 (w.e.f.1.10.1967).

MADRAS AND POND ICHERRY.- Insert as Rule 29-A:

“29-A. Notwithstanding anything contained in the foregoing rules, where the defendant is a public officer (not belonging to the Military, Naval or Air Forces of India) sued in his official capacity, service of summons shall be made by sending a copy of the summons to the defendant by registered post pre-paid for acknowledgement together with the original summons, which the defendant shall sign and return to the court which issued the summons.” (Dis. No. 209 of 1912 as amended on 28-5-1958): Act 26 of 1968, Section 3 and Sch., Pt. II.

 

 

 

 

 

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