Civil Manual 35 — Section

Gujarat High Court Civil Manual (subordinate court practice), 1960

Statutory text

It is for the Court to determine whether the service is good or bad. In determining whether the service is good or not the attention of Courts is drawn to the necessity of strictly following the provisions of the Civil Procedure Code as to the service of processes. Ordinarily service should not be considered sufficient unless all the requirements of the law in that behalf are fulfilled. The object of the service is to inform a party of the proceedings in due time. When from the return of a serving officer it appears that there is no likelihood that a process will come to the knowledge of the party in due time, or a probability exists that it will not come so to his knowledge, the service should not be considered to be proper. The law contemplates that the primary method of service should be by tendering or delivering a copy of the process to the party personally, in cases in which it may be practicable to do so. It is the duty of the serving officer to make all proper efforts to find the party, with a view to effect personal service. If it be not possible after reasonably endeavour to find the party, then only the service may be made on an adult male member of the family residing with him. The law in this matter does not take into account the female members of a family and does not rely upon the presumption that they will take steps to inform the party of what takes place in his absence.

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