HCOS Rules 105अध्याय XVII · Mode of Service

धारा 105 · Mode of Service

- Section 131(2)(xxx). - (1) Every summon issued under the Act shall be in writing duly authenticated by the seal of the officer by whom it is issued and shall be signed by such officer or by any person authorised by him in writing in this behalf. It shall require the person summoned to appear before the said officer at a stated date, time and place and shall specify whether his attendance is required for the purpose of giving evidence or to produce a document or for both purposes, and any particular document the production of which is required shall be described in the summons.

(2)

Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce such document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personality to produce the same.

(3)

The service of summons under the Act on any person may be effected in any of the following ways :-

(a)

by giving or tendering it to such person; or

(b)

if such person is not found, by leaving it at his last known place of abode or business or by giving or tendering it to some adult member of his family; or

(c)

if the address of such person is known to the Registrar or other authorised person, by sending it to him by registered post with A.D.; or

(d)

if none of the means aforesaid is available by affixing it at some conspicuous part of his last known place of abode or business.

(4)

Where the serving officer delivers or tenders a copy of the summons to the defendant personally or to an agent or other person on his behalf, he shall obtain the signature of the person to whom the copy is so delivered or tendered, as a token of acknowledgement of service endorsed on the original summons.

(5)

The serving officer shall in all cases in which the summons have been served under sub-rule (4) endorse or annex or cause to be endrosed or annexed, on or to the original summons a return stating the time and the manner in which the summons were served and the name and address of the person, if any, identifying the person served and witnessing the delivery or service of the summons.

(6)

Where the party to be summoned is a public [servant] [Substituted for the words 'officer' by Haryana Notification No. S.O.5/H.A. 22/1984/Ss. 131 and 14A/2007. Dated 19.1.2007.] or is the servant of a company or local authority or any institution, the officer issuing the summons may, if it appears that the summons may be most conveniently so served sent it by registered post pre-paid for acknowledgement for service on the party to be summoned to be head of the office in which he is employed together with the copy to be served endorsed on the original summons.

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