CCOS Rules 75Chapter XI · Miscellaneous

Section 75 · Mode of service of summons

(1)

Every summon issued under the Act of these rules shall be in writing, shall be authenticated by seal, if any, 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 that behalf.The summons shall require the person summoned to appear before the said officer at a stated 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 purpose; and any particular document, the production of which is required, shall be described in the summons with reasonable accuracy.

(2)

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

(3)

The service of summons under the Act or these rules on any person, may be affected in any of the following ways :-

(a)

by giving or tendering it in 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 tending 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 acknowledgment due; or

(d)

[ if none of the means aforesaid is available, by affixing it in some conspicuous part of his last known place of abode or business, or at some place of public resort, in such place.] [Substituted by notification No. F-5-4-88-XV-1, dated 28-6-88.]

(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 require the signature of the person to whom the copy is so delivered or tendered as an acknowledgment 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 endorsed or annexed, on or to the original summons a return stating the time when and the manner in which the summons was served and the name and address of the person, if any, identifying the person served and witnessing the delivery or tender of the summons.

(6)

Where the defendant to be summoned is a public officer or is the servant of a local authority, the officer issuing the summons may, if it appears that the summons may be conveniently so served send it by registered post acknowledgment due for service on the party to be summoned to the head of the office in which he is employed together with a copy to be retained by the defendant.

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