Order V Rule 9A

Summons given to the plaintiff for service

Issue and service of summons, in the First Schedule to The Code of Civil Procedure, 1908

¹[9A. Summons given to the plaintiff for service.-- (1) The Court may, in addition to the service of summons under rule 9, on the application of the plaintiff for the issue of a summons for the appearance of the defendant, permit such plaintiff to effect service of such summons on such defendant and shall, in such a case, deliver the summons to such plaintiff for service.

(2) The service of such summons shall be effected by or on behalf of such plaintiff by delivering or tendering to the defendant personally a copy thereof signed by the Judge or such officer of the Court as he may appoint in this behalf and sealed with the seal of the Court or by such mode of service as is referred to in subrule (3) of rule 9.

(3) The provisions of rules 16 and 18 shall apply to a summons personally served under this rule as if the person effecting service were a serving officer.

(4) If such summons, when tendered, is refused or if the person served refuses to sign an acknowledgment of service or for any reason such summons cannot be served personally, the Court shall, on the application of the party, re-issue such summons to be served by the Court in the same manner as a summons to a defendant.]

1. Subs. by Act 22 of 2002, s. 6, for rule 9 (w.e.f. 1-7-2002).

How this Rule is cited

It is written both ways, and both mean this Rule: Order V Rule 9A CPC and Order 5 Rule 9A CPC. Pleadings usually take the arabic form, judgments usually the numeral.

Orders of the courts under it: Order 5 Rule 9A CPC, Order V Rule 9A CPC. Each opens the full-text search over every order eCourtsIndia holds.

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