CS Rules 39Chapter III · Rules for The Conduct of Civil Suit Against Government

Section 39 · Receipt of summons

- Whenever the Government pleader shall receive a summons to answer in an action brought against the Government he shall note the date of receipt on the back of the summons and shall at once forward it, with a copy of the plaint, to the District Officer. If in a suit against the Government or a Ward or Court, the description of the defendant in the summons is not in conformity with the provisions of Order XXVII, Civil Procedure Code, or the requirements of Part VII of the Court of Wards Act, 1879 (Bengal Act IX of 1879), the Government pleader shall at once, in his own name, file a petition stating that he has been wrongly served. The filing of such a petition does not require the sanction of the Legal Remembrancer, but if it be rejected a copy of the petition and of the order rejecting it, together with a copy of the summons and a statement of how it was served, shall be forwarded to the District Officer, who shall forward them to the Legal Remembrancer with the copies required by Rule 44.

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