18. Inadmissibility of document not produced when plaint filed . [Omitted by the Amendment Act, 1999]
HIGH COURT AMENDMENTS Rule 19 to 25 ALLAHABAD.- Add the following Rule 19 to 25: “19. Every plaint or original petition shall be accompanied by a proceeding giving an address written in Hindi in Devnagri script at which service of notice, summons or other process may be made on the plaintiff or petitioner. Plaintiffs or petitioners subsequently added, shall, immediately on being so added, file a proceeding of this nature.
20. An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or of the District Court within which the party ordinarily resides, if within the limits of the United Provinces of Agra and Oudh.
21. Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu, or any party may apply for an order to that effect, and the Court may make such order as it thinks just. 22. Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a notice or process can be served, is present, a copy of the notice or process shall be affixed to the outer door of the house. If on the date fixed such party is not present another date shall be fixed and a copy of the notice, summons or other process shall be sent to the registered address by registered post, and such service shall be deemed to be as effectual as if the notice or process had been personally served. 23. Where a party engages a pleader, notice or processes for service on him shall be served in the manner prescribed by Order III, Rule 5, unless the Court directs service at the address for service given by the party. 24. A party who desires a change the address for service given by him as aforesaid shall file a verified petition, and the Court may direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be either served upon the pleaders of such parties or be sent to them by registered post, as the Court thinks fit. 25. Nothing in these rules shall prevent the Court from directing the service of a notice or process in other manner, if, for any reason, it thinks fit to do so.” (1.6.1918 and 12.12.1970). Rules 19 to 26 Bombay, Dadra and Nagar Haveli.- The following shall be added as Rules 19 to 26: “19. Address to be filed with plaint or original petition.— (1) Every plaint or original petition shall be accompanied by a memorandum in writing giving an address at which service of notice, or summons or other process may be made on the plaintiff or petitioner. Plaintiffs or petitioner subsequently added shall, immediately on being so added, file a memorandum in writing of this nature. (2) This address shall be called the “registered address”, and it shall, subject to Rule 24 of this Order, hold good in all proceedings in the suit and in appeals and also for a further period of six years from the date of final decision for all purposes including those of execution. 20. Nature of address to be filed.— The registered address filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed or, if a party cannot conveniently give an address as aforesaid, at a place where the party ordinarily resides. 21. (1) Consequences of failure to file address.— Where a plaintiff or petitioner after being required to file the registered address within a specified time, fails to file the registered address, he shall be liable to have his plaint or petition rejected by the Court suo motu, or any party may apply for an order to that effect, and the Court may make such order as it thinks just. (2) When default may be condoned.— Where a plaint or petition is rejected under sub-rule (1) the plaintiff or the petitioner may apply for an order to set aside the rejection and, if he files a registered address and satisfies the Court that he was prevented by any sufficient cause from filing a registered address at proper time the Court shall set aside the rejection on such terms as to costs or otherwise as it deems fit and shall appoint a date for proceeding with the suit or petition. 22. Procedure when party not found at the place registered address.— Where a party is not found at the registered address and no agent or adult male member of his family on whom a notice or process can be served is present, a copy of the notice or process shall be affixed to the outer door of the house. If on the date fixed such party is not present, another date shall be fixed and a copy of the notice, summons or other process shall be sent to the registered address of that party by registered post pre-paid for acknowledgment (which payment shall be made within one month from the date originally fixed for hearing) and such service shall be deemed to be as effectual as if the notice or process had been personally served. 23. Service of process where party engages a pleader.— Where a party engages a pleader, notice or process on him shall be served in the manner prescribed by Order III, Rule 5, unless the Court directs service at the registered address of the party. 24. Change of registered address.— A party who desires to change the registered address given by him as aforesaid shall file a fresh memorandum in writing to this effect, and the Court may direct the amendment of the record accordingly. Notice of such memorandum shall be given to such other parties as the Court may deem it necessary to inform, and may be served either upon the pleaders of such parties or be sent to them by registered post pre-paid for acknowledgment as the Court thinks fit. 25. Rules not binding on Court.— Nothing in Rules 19,22,23 and 24 of this Order shall prevent the Court from directing the service of a notice or process in any other manner, if, for any reason, it thinks fit to do so. 26. Applicability to notice under Order XXI, Rule 22.— Nothing in Rules 19,22,23 and 24 of this Order shall apply to the notice prescribed by clause (b) of sub-rule (i) of Rule 22 of Order XXI of the C.P. Code.’ (1.11.1966).
Rule 19 to 25
Delhi and Himachal Pradesh.- Same as that of Punjab except that for Himachal Pradesh in Rule 20 read “Judicial Commissioners Court, Himachal Pradesh” for “High Court of Judicature at Lahore.” Rules 19 to 26 Gujarat.-19. Same as that of Bombay from marginal heading to “of this nature”. After “of this nature” add the following in continuation: “The address so given shall hold good throughout interlocutory proceedings and appeals and also for a further period of two years from the date of final decision and for all purposes including those of execution. 20. Nature of address to be filed.— An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or if he cannot conveniently give an address as aforesaid, at a place where a party ordinarily resides. 21. Consequences of failure to file address.— Same as that of Allahabad. 22. Procedure when party not found at the place of address.— Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a notice or process can be served, is present, a copy of the notice or process shall be affixed to the outer door of the house. If on the date fixed such party is not present another date shall be fixed and a copy of the notice, summons or other process shall be sent to the address supplied by that party by registered post pre-paid for acknowledgment (which payment shall be made within one month from the date originally fixed for hearing) and such service shall be deemed to be as effectual as if the notice or process had been personally served.
23. Service of notice on pleaders.— Where a party engages a pleader, notice or process on him shall be served in the manner prescribed by Order III, Rule 5, unless the Court directs service at the address for service given by the party. 24. Change of the registered address.— A party who desires to change the address for service given by him as aforesaid shall file a fresh memorandum in writing to this effect and the Court may direct the amendment of the record accordingly. Notice of such memorandum shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be served either upon the pleaders for such parties or be sent to them by registered post, as the Court thinks fit. 25. Same as that of Bombay. 26. Applicability to notice under Order XXI, Rule 22.— Nothing in these rules shall apply to the notice prescribed by Order XXI, Rule 22,’ (17.8.1961). Rules 19 to 23 Madhya Pradesh.- Add the following as Rules 19 to 23: “19. Registered address.- Every plaint or original petition shall be accompanied by the memorandum giving an address at which service of process may be made on the plaintiff or the petitioner. The address shall be within the local limits of the Civil District in which the plaint or original petition is filed or, if an address within such Civil District cannot conveniently be given, within the local limits of the Civil District in which the party ordinarily resides. This address shall be called the “registered address” and it shall hold good throughout interlocutory proceedings and appeals and also for a further period of two years from the date of final decision for all purposes including those of execution. 20. Registered address by a party subsequently added as plaintiff or petitioner.— Any party subsequently added as plaintiff or petitioner shall in like manner file a registered address at the time of applying or consenting to be joined as plaintiff or petitioner. 21. Consequence of non-filing of registered address.— (1) If the plaintiff or the petitioner fails to file a registered address as required by Rule 19 or 20, he shall be liable, at the discretion of the Court, to have his suit dismissed or his petition rejected. An order under this rule may be passed by the Court suo motu or on the application of any party. (2) Where a suit is dismissed or a petition rejected under sub-rule (1) the plaintiff or the petitioner may apply for an order to set the dismissal or the rejection aside and if he files a registered address and satisfies the Court that he was prevented by any sufficient cause from filing the registered address at the proper time, the Court shall set aside the dismissal or the rejection upon such terms as to costs or otherwise as to thinks fit, and shall appoint a day for proceeding with the suit or petition. 22. Affixing of process and its validity.— Where the plaintiff or the petitioner is not found at his registered address and no agent or adult male member of his family on ‘whom a process can be served is present, a copy of the process shall be affixed to the outer door of the house and such service shall be deemed to be as effectual as if the process had been personally served. 23. Change of registered address.— A plaintiff or petitioner who wishes to change his registered address shall file a verified petition and the Court shall direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit or proceedings as the Court may deem it necessary to inform.” (16.9.1960). Orissa.- Omit Rules 19, 20, 21 and 22 of Order VII Patna Amendment (7.5.1954). Patna.- Add the following Rules 19 to 22: “Rule 19.—Every plaint or original petition shall be accompanied by a statement giving an address at which service of notice or other processes may be made on the plaintiff or petitioner and every plaintiff or petitioner subsequently added shall immediately on being so added file a similar statement. Rule 20.—An address for service filed under the preceeding rule shall state for following particulars: (i) The name of the street and number of the house if in a town. (ii) The name of the house or village. (iii) The Post Office. (iv) The District. (v) The Munsif if in Bihar of the District Court if outside Bihar. Rule 21. See above Rule 21 of Allahabad High Court. Rule 22.—A party who desires to change his address for service given by him as aforesaid shall file a verified petition and the Court may direct the amendment of the words accordingly. Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform and may be either served upon the pleader for such parties or be sent to them by registered post as the Court thinks fit.” Rules 19 to 25 Punjab and Haryana.- Add the following as Rules 19 to 25: “19.Every plaint or original petition shall be accompanied by a proceeding giving an address at which service of notice, summons or other process may be made on the plaintiff or petitioner. Plaintiffs or petitioners subsequently added shall, immediately on being so added, file a proceeding of this nature. 20. An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or of the District within which the party ordinarily resides, if within the limits of the territorial jurisdiction of the High Court of Judicature at Lahore. (Now Punjab & Haryana High Court). 21. Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu or any party may apply for an order to that effect, and the Court may make such order as it thinks just. 22. Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a notice, summons or other process can be served is present, a copy of the notice, summons or other process shall be affixed to the outer door of the house. If on the date fixed such party is not present another date shall be fixed and a copy of the notice, summons or other process shall be sent to the registered address by registered post, and such service shall be deemed to be as effectual as if the notice, summons or other process had been personally served. 23. Where a party engages a pleader, notice, summonses or other processes for service on him shall be served in the manner prescribed by Order III, Rule 5, unless Court directs service at the address for service given by the party. 24. A party who desires to change the address for service given by him as aforesaid shall file a verified petition, and the Court may direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be either served upon the pleaders for such parties or be sent to them by registered post as the Court thinks fit. 25. Nothing in these rules shall prevent the Court from directing the service of a notice, summons, or other process in any other manner, if for any reasons, it thinks fit to do so.” (14.11.1927). Rules 19 to 25 Rajasthan.- Add the following as Rules 19 to 25: “19. (1) Same as that of Madhya Pradesh from “Every plaint “to or petitioner”. After this add the following in continuation of above: “Plaintiffs or petitioners subsequently added shall, immediately on being so added, file memorandum of this nature.” (2) Same as that of Madhya Pradeh Rule 19, para 2. 20. An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or of the District Court within which the party ordinarily resides, if within the limits of Rajasthan. 21. (1) Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu or any party may apply for an order to that effect, and the Court may make such order as it thinks just. (2) Same as that of Madhya Pradesh (2) 22. Same as that of Gujarat from “where house”. After this add the following: “If on the date fixed, such party is not present and the process is not declared by the Court under Rule 19 of Order V, to have been duly served, another date shall be fixed and a copy of the process shall be sent to the registered address by registered post, and such service shall be deemed to be as effectual as if the process had been personally served. 23. Where a party engages a pleader, processes for service on him shall be served in the manner prescribed by Order III, Rule 5, unless the Court directs service at the address for service given by the party. 24. A party who desires to change the address for service given by him as aforesaid shall file a verified petition, and the Court may direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be either served upon the pleader
for such parties or be sent to them by registered post, as the Court thinks fit.
25. Nothing in these rules shall prevent the Court from directing the service of a process in any other manner, ‘, if for any reasons it thinks fit to do so” (24.7.1954).
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