Civil Manual 557 — Section

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

Statutory text

(i) The Nazir has to see :—

(a) that the process to be given to the bailiff is accurately drawn, (b) that the bailiff is given all the papers to be sent along with the process, e.g., a copy of the plaint, summons, notice, etc., (c) that the bailiff is given the necessary amount of money for the purpose of the service of the process, and, (d) that a reasonable time is fixed for his return having regard to the distance and the nature of the work.

(ii) After the process is brought back or sent by post by the bailiff, it is the duty of the Nazir or a clerk working under him, (a) to scrutinise his report and ascertain whether the bailiff has done his work properly, (b) to ascertain whether all the details required by the kamgiri book are mentioned in the bailiff's report and, (c) to scrutinise carefully the bailiff's diaries.

(iii) The scrutiny of the reports and the diary should be intelligent and constant and not merely mechanical and casual. It would be enough if the Nazir signs the bailiff's report in token of scrutiny, if he considers them satisfactory and has no remarks to make.

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