Order 5 - Rule 9-19 CPC: Mode of service, By post, Through agent, Through male member. Affixation.

9. Delivery or transmission of summons for service.__ (1) Where the defendant resides within
the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that
jurisdiction who is empowered to accept the service of the summons, the summons shall, unless the
Court otherwise directs, be delivered or sent to the proper officer to be served by him or one of his
subordinates.
(2) The proper officer may be an officer of a Court other than that in which the suit is instituted,
and, where he is such an officer, the summons may be sent to him by post or in such other manner as
the Court may direct.
1[(3) Unless the Court otherwise directs, the proper officer or an officer authorized by him in this
behalf shall cause the service of summons and return it to the Court within fifteen days of issue of
summons.]
10. Mode of service. Service of the summons shall be made by delivering or tendering a copy
thereof signed by the Judge or such officer as he appoints in this behalf, and sealed with the seal of the
Court.
2[10A.
Service by post.__ (1) Simultaneously with the issue of summons under rule 9, there shall
be sent, unless otherwise ordered by the Court, to the defendant, by couriere service and registered
post, acknowledgment due, another copy of the summons signed and sealed in the manner provided in
rule 10.
(2) An acknowledgment purporting to be signed by the defendant of the receipt of the registered
communication or endorsement by a courier messenger or postal employee that the defendant refused
to take delivery of the same shall be deemed by the Court issuing the summons to be prima facie proof
of service of summons.]
11. Service on several defendants. Save as otherwise prescribed, where there are more defendants
than one, service of the summons shall be made on each defendant.
12. Service to be defendant in person when practicable or on his agent. Wherever it is
practicable, service shall be made on the defendant in person, unless he has an agent empowered to
accept service, in which case service on such agent shall be sufficient.
13. Service on agent by whom defendant carries on buisness.__(1) In a suit relating to any
business or work against a person who does not reside within the local limits of the jurisdiction of the
Court from which the summons is issued, service on any manager or agent, who, at the time of service,
personally carries on such business or work for such person within such limits, shall be deemed good
service.
(2) For the purpose of this rule the master of a ship shall be deemed to be the agent of the owner or
charterer.
14. Service on agent in charge in suits for immoveable property. Where in a suit to obtain relief
respecting, or compensation for wrong to, immoveable property, service cannot be made on the
defendant in person, and the defendant has no agent empowered to accept the service, it may be made
on any agent of the defendant in charge of the property.
15. Where service may be on male member of defendant`s family. 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 male member of the family of the defendant who is residing
with him.
Explanation: A servant is not a member of the family within the meaning of this rule.
1Added by Act. XIV of 1994, s.11
2Rule 10A
ins. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch.
Page 105 of 369
16. Person served to sign acknowledgment. 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 to an acknowledgment
of service endorsed on the original summons.
17. Procedure when defendant refuses to accept service, or cannot be found. Where the
defendant or his agent or such other person as aforesaid refuses to sign the acknowledgment, or where
the serving officer, after using all due and reasonable diligence, cannot find the defendant, and there is
no agent empowered to accept service of the summons on his behalf, nor any other person on whom
service can be made, the serving officer shall affix a copy of the summons on the outer door or s

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