Civil Manual 438 — Section

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

Statutory text

(1) Notices issued by the High Court should state whether the address mentioned therein is the registered address of the party to be served or not. A. Registered addresses. Under Order VII, rule 22 read with Order VIII, rule 12 and Order XLI, rule 38(3), if a party is not found at the registered address and no agent or adult male member of the family on whom the notice can be served is present, a copy of the notice shall be affixed to the outer door of the house. B. Non-registered addresses. In all cases in which the party to be served has no registered address and lives at a place other than the one stated in the notice, the Court to which the notice is sent for service should, if there is sufficient time, itself effect service at the new address or send the notice for service to the Court within whose jurisdiction the party resides. In finding out the whereabouts of persons found to be not living at the address given originally, the Court concerned will take such help from the appellant or the applicant as he chooses to give. In all such cases the levy of one-half of the process fee will be made in the High Court from the party concerned after the process is received back in the High Court. It will not be necessary for the lower Court to recover such process fee.

(2) When returning the process, the lower Court should state the manner in which the service was effected i.e., whether the notice was served on the party in person or by any other method.

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