66. If the Court sees reason to require the personal ap- Court may pearance of the defendant, the summons shall order him to appear in person in Court on the day therein specified.

order defendant or

plaintiff to

appear in

If the Court sees reason to require the personal appearance person. of the plaintiff on the same day, it may make an order for such appearance.

67. No party shall be ordered to appear in person unless he No party resides

ordered to appear in

(a) within the local limits of the Court's ordinary original person unjurisdiction, or

less resident within

50, or,

200 miles.

(b) without such limits and at a place less than fifty or, where where there is railway-communication for five-sixths of the railway, distance between the place where he resides and the place where the Court is situate, two hundred miles from the courthouse.

to be either

68. The Court shall determine, at the time of issuing the Summons summons, whether it shall be for the settlement of issues only, to settle or for the final disposal of the suit; and the summons issues or shall contain a direction accordingly 1:

Provided that, in every suit heard by Courts of Small Causes, the summons shall be for the final disposal of the suit.

for final disposal.

for appear

69. The day for the appearance of the defendant shall be Fixing day fixed by the Court with reference to its current business, the ance of deplace of residence of the defendant and the time necessary for fendant. the service of the summons; and the day shall be so fixed as

to allow the defendant sufficient time to enable him to appear

and answer on such day.

What shall be deemed sufficient time' must be determined with reference to the circumstances of the case 2.

to order

70. The summons to appear and answer shall order the Summons defendant to produce any document in his possession or defendant power, containing evidence relating to the merits of the to produce plaintiff's case, or upon which the defendant intends to rely in support of his case.

1 Marshall, 307.

2 Such as, for example, the nature of the rights involved, the importance

of the claim, the distance of the
parties from the court, 3 Mad. H. C.
167.

documents.

Defendant

when

71. When the summons is for the final disposal of the directed to suit, it shall direct the defendant to produce, on the day produce his fixed for his appearance, the witnesses upon whose evidence witnesses. he intends to rely in support of his case.

Service of Summons.

Delivery of 72. The summons shall be delivered to the proper officer of for service. the Court 1, to be served by him or one of his subordinates.

summons

Mode of

service.

Service on several defendants.

Service to

be on de

73. Service of the summons shall be made by delivering or tendering2 a copy thereof signed by the Judge or such officer as he appoints in this behalf, and sealed with the seal of the Court.

one, service

74. When there are more defendants than of the summons shall be made on each defendant 3 : Provided that, if the defendants are partners, and the suit relates to a partnership-transaction or to an actionable wrong in respect of which relief is claimable from the firm, the service may be made unless the Court directs otherwise either (a) on one defendant for himself and for the other defendants, or () on any person having 5 the management of the business of the partnership at the principal place, within the local limits of the Court's ordinary original civil jurisdiction, of such business.

75. Whenever it may be practicable, the service shall fendant in be made on the defendant in person, unless he have an agent empowered to accept the service7, in which case service on such agent shall be sufficient.

person

or on his

agent.

Service on

agent by

76. In a suit relating to any business or work against whom de- a person who does not reside within the local limits of the jurisdiction of the Court from which the summons issues,

fendant

carries on business.

1 As to the employment of special bailiffs, see 2 Ben., A. C. J. 59: 11 ibid. I.

2 Merely showing it is not enough. 3 Where husband and wife are both defendants they must both be served: cf. the English Order ix. r. 3.

i.e.apparently, when they are sued as having been partners when the cause of action accrued. See Ex p. Young,

19 Ch. D. 124: Davis v. Morris, 10 Q. B. D. 436, 444, and the present English Orders, ix. r. 6, xvi. r. 14.

5 at the time of service: cf. the English Order ix. r. 6.

The words 'at the principal place' etc. do not refer to the defendant mentioned in clause (a). See, however, 11 Ben. Appx. 26, per Macpherson J. 7 17 Suth. Civ. R. 33, col. 2.

service on any manager or agent, who, at the time of service, personally carries on such business or work for such person within such limits, shall be deemed good service 1.

For the purpose of this section, the master of a ship is the agent of his owner or charterer 2.

agent in

77. In a suit to obtain relief respecting 3, or compensation Service on for wrong to, immoveable property, if the service cannot charge, in be made on the defendant in person, and the defendant have suits for no agent empowered to accept the service, it may be made able proon any agent of the defendant in charge of the property.

immove

perty.

service
may be on
male mem-
ber of de-

78. If in any suit the defendant cannot be found and When if he have no agent empowered to accept the service of the summons on his behalf, the service be made on any may adult male member of the family of the defendant who is fendant's residing with him.

Explanation.-A servant is not a member of the family within the meaning of this section.

family.

served to

sign ac

ment.

79. When the serving-officer delivers or tenders a copy Person of the summons to the defendant personally, or to an agent or other person on his behalf, he shall require the signature of knowledgthe person to whom the copy is so delivered or tendered to an acknowledgment of service endorsed on the original summons. 80. If the defendant or other person refuses to sign the Procedure acknowledgment,

when defendant re

or if the serving-officer cannot find the defendant, and there fuses to is no agent empowered to accept the service of the summons vice, or

1 This section and section 37, cl. (c) must be construed together. The 'manager or agent' intended is one who has an initiative and independent discretion, albeit subject possibly to principles and general orders prescribed for his guidance. A servant employed only to carry out orders or to execute a particular commission, and a factor or commission-agent not in any way identified with the firm for which he acts, is not such an agent, 4 Bom. 416, 422.

2 As to service on a ship's agent,

7 Bom. H. C., O. C J. 197. Service
duly made under this section seems
effectual though not communicated to
the real defendants. But service un-
duly made does not become effectual
by reason of the fact of such service
being subsequently notified to the
parties really interested as defendants,
4 Bom. 416, 423.

3 See sec. 16, clauses (a) to (ƒ): 9
Cal. 733, where the suit was for fore-
closure or sale of certain immoveable
property.

accept ser

cannot be on his behalf, nor any other person on whom the service can

found.

Endorsement of time and

manner of service.

Examination of servingofficer.

Substituted service.

Effect

be made,

the serving officer shall affix a copy of the summons on the outer door of the house in which the defendant ordinarily resides1 and then return the original to the Court from which it issued, with a return endorsed thereon or annexed thereto, stating that he has so affixed the copy and the circumstances under which he did so.

81. The serving-officer shall, in all cases in which the summons has been served under section 79, endorse or annex, or cause to be endorsed or annexed, on or to the original summons, a return stating the time when and the manner in which the summons was served.

82. When a summons is returned under section 80, the Court shall examine the serving-officer on oath 2 touching his proceedings, and may make such further enquiry in the matter as it thinks fit; and shall either declare that the summons has been duly served or order such service as it thinks fit.

4

Where the Court is satisfied 3 that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding the service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the court-house, and also upon some conspicuous part of the house, if any, in which the defendant is known to have last resided, or in such other manner as the Court thinks fit 5.

83. The service substituted by order of the Court shall of substi- be as effectual as if it had been made on the defendant tuted

service.

personally.

1 5 Mad. H. C. 101: 7 Bom. H. C., A. C. J. 138.

2 See the General Clauses Act, s. 2,

cl. 17, supra, Vol. I, p. 489.

319 Suth. P. C. 353, 356.

The plaintiff's ignorance of the proper way to describe the parties he sought to sue is not such a reason, Sloman v. Government of New Zea

land, 1 C. P. D. 563, 567.

5 There is no provision for substituting for service a notice by advertisement in a newspaper.

6 i.e. effectual for proceeding with the suit, and nothing more. This section must be read with the second clause of sec. 108; 2 Bom. 452.

84. Whenever service is substituted by order of the Court, When the Court shall fix such time for the appearance of the defendant as the case may require1.

service substituted, time for appear

when de

sides with

85. If the defendant resides within the jurisdiction of any ance fixed. Court other than the Court in which the suit is instituted, Service and has no agent resident within the local limits of the fendant rejurisdiction of the latter Court empowered to accept the in jurisservice of the summons, such Court shall send the summons, diction of either by one of its officers or by post, to any Court, not Court and being a High Court, having jurisdiction at the place where has no the defendant resides, by which it can be conveniently accept served, and shall fix such time for the appearance of the service. defendant as the case may require.

The Court to which the summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court, and shall then return the summons to the Court from which it originally issued, together with the record (if any) made under this paragraph.

another

agent to

within Pre

86. Whenever any process issued by any Court established Service, beyond the limits of the towns of Calcutta, Madras, Bombay sidencyand Rangoon is to be served within any such town, it shall be towns and sent to the Court of Small Causes, within whose jurisdiction of process the process is to be served,

Rangoon,

issued by Provincial

process Courts.

and such Court of Small Causes shall deal with such in the same manner as if the process had been issued by itself, and shall then return the process to the Court from which it issued.

87. If the defendant be in jail, the summons shall be delivered to the officer in charge of the jail in which the defendant is confined, and such officer shall cause the summons to be served upon the defendant.

The summons shall be returned to the Court from which it issued, with a statement of the service endorsed thereon and signed by the officer in charge of the jail and by the defendant.

1 The time should be sufficient for notice of the fact to reach the defendant wherever he may be; and if an es parte decree is obtained by the

plaintiff, the Court, on being satisfied
that the time fixed was insufficient,
will set aside the decree, 2 Bom. 449.

Service on

defendant in jail.