Section 9: Summons

9. Summons.—(1) The Court shall within two days of the presentation of the plaint, send to the defendant summons for final determination of the suit, through process server and by registered post, acknowledgement due, together with the copies of the plaint, schedule of witnesses, documents or list of documents relied upon. (2) Where in any suit the defendant cannot be found and has no agent empowered to accept service of the summons on his behalf, service may be made on any adult member of the family of the defendant who is residing with him. (3) Every summons and its accompaniments under sub-section (1) shall be served within fifteen days. (4) Where the Court has reasons to believe that the defendant is avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order for service of summons by— (a) affixing a copy of the summons at some conspicuous part of the house, if any, in which the defendant resides or is known to have last resided or carries or is known to have carried on business or personally works or is known to have worked for gain; or (b) any electronic device of communication which may include telegram, phonogram, telex, fax and e-mail; or (c) urgent mail service or public courier services; or (d) beat of drum in the locality where the defendant resides; or (e) publication in press; or (f) any other manner or mode as it may deem fit: Provided that the Court may order the use of all or any of the aforesaid manners and modes of service simultaneously. (5) Substituted service by order of the Court shall be as effectual as if it had been made on the defendant personally. (6) In case of substituted service, the Court shall fix such time for the appearance of the defendant, as the case may require, which shall not exceed fifteen days. (7) The summons sent under sub-section (1) shall contain direction to the effect that the defendant on his appearance on the date fixed shall file his written statement as provided by subsection (1) of section 11.

Effective date: 2002-01-01

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