Mode of Service of Summons to defendant – O. V and Rules 9 to 30

February 4, 2021

Having said that R9 – Provides that when the defendant resides within the jurisdiction of the court’s the suit is instituted, or has an agent resident within such jurisdiction, the summons must be served on the defendant or his agent-

(a) by registered post acknowledgment due; or

(b) by speed pot, or

(c) by such courier service as may be approved by the High Court; or

(d) by fax message; or

(e) by electronic mail service (e-mail);or

(f) by such other means as the High Court may prescribed by rules.

Even in cases where the defendant resides outside such jurisdiction, all the above mode of service, expect the first (i.e. registered post acknowledgment due) may be used.

In all case, however, such service is to be at the expense of the plaintiff. If an acknowledgement or other receipt is received by the court, or if the postal article containing the summons is received by the court with an endorsement of a postal employee or any person authorised by the courier service, that the defendant or his agent had refused to accept it, the court must then declare that the summons had been duly served on the defendant.

Author:
Dr. Ram Niwas Sharma, Associate Professor, Unitedworld School of Law (UWSL)

Disclaimer: The opinions / views expressed in this article are solely of the author in his / her individual capacity. They do not purport to reflect the opinions and/or views of the College and/or University or its members.