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Bare acts > Code of Civil Procedure, 1908 > Order 5 Rule 4
 
  


 

4. No party to be ordered to appear in person unless resident within certain limits.- No party shall be ordered to appear in person unless he resides,—

(a) within the local limits of the Court’s ordinary original jurisdiction, or

(b) without such limits but at place less than fifty or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the court is situate) less than two hundred miles distance from the court house.

HIGH COURT AMENDMENT

BOMBAY.- For existing Rule 4 substitute the following:

“4. No party shall be ordered to appear in person unless he resides:

(a) within the local limits of the Court’s Ordinary Original jurisdiction, or

(b) without such limits but at a place less than 100 or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the court is situate), less than five hundred kilometers distance from the court house.” (1.10.1983).

Rule 4-A

ALLAHABAD.- Add the following Rule 4-A:----

“4-A. Except as otherwise provided, in every interlocutory proceeding and in every proceeding after decree in the trial Court, the Court may, either on the application of any party, or of its own motion. dispense with the service upon any defendant who has not appeared or upon any defendant who has not filed a written statement —(24-7-1926).


ORISSA.- Deleted. (14-5-1984).

 

 

 

 

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