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Understanding the Importance of Time and Manner of Service Endorsement in the Code of Civil Procedure, 1908
The legal experts at SimranLaw are dedicated to dissecting complex legal issues and providing readers with insights drawn from years of experience. In this article, we aim to deepen readers’ understanding of the concept of Time and Manner of Service Endorsement, as stipulated in the Code of Civil Procedure, 1908 (CPC). We will also discuss some relevant case laws and judgments to further elucidate the subject.
What is Service Endorsement?
Service endorsement refers to the procedure by which the court ensures that the party to a suit is informed about any legal proceedings initiated against them. It involves serving them with a summons or notice. This is an integral step, as it enables the defendant to defend their rights and interests effectively.
Time and Manner Elucidated in Code of Civil Procedure, 1908
According to Order 5 Rule 17 and Rule 18 of the CPC, the timing and method of service endorsement are crucial. Failure to adhere to these rules can result in the dismissal of the case on technical grounds.
Rule 17 of the Order 5 CPC states that where the defendant or his agent refuses to sign an acknowledgement of service, or if there is reason to believe that the summons has been purposely avoided, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides.
Rule 18 of Order 5 CPC, on the other hand, lays down that where a summons is served under Rule 17, an endorsement must be made by the serving officer stating forthwith particulars of the endorsement.
Significance of Time and Manner of Service Endorsement
The time and manner of service endorsement plays a vital role in ensuring fairness and justice in the legal process. It guarantees that the defendant is fully informed about the proceedings, thereby allowing them adequate time to prepare their defense. Further, it also ensures that the proceedings are conducted in a lawful and transparent manner.
Case Laws and Judgments
1. Bhaskar S/o Annappa Banahatti vs Smt. Akkamahadevi W/o Annappa Banahatti:
In this case, the court held that The object of endorsement on the summons about the time, place and manner of service is to provide prime evidence about the factum and correctness of the service.
2. Matajog Dobey vs H.C. Bhari:
This case highlighted that when a summons is served under Rule 17, an endorsement must be made stating forthwith particulars of the service, failing which may bring the legality of the service into question.
3. Smt. Ram Pyari And Ors. vs Smt. Shanti Devi And Anr:
This case reaffirmed the significance of the proper execution of service endorsement. The court stated, It is a settled legal position that if strict compliance with the rules for service of summons is not made, the trial and judgment would be void.
The time and manner of service endorsement contained under CPC, 1908 serve as fundamental guidelines for ensuring the proper execution of justice. It emphasizes transparency and impartiality in the legal process, safeguarding the interests and rights of all parties involved. At SimranLaw, we believe in elucidating complex legal concepts to ensure that the law is accessible and understandable to all.