Proof of service in such cases and when serving officer not present
AI Assist
Summary
If a Court summons is served outside its local jurisdiction or the officer who served it is not present at the hearing, an affidavit sworn before a Magistrate saying the summons was served, together with the duplicate summons endorsed by the person served or the person with whom it was left, is admissible and presumed correct until proved otherwise. The affidavit may be attached to the duplicate and returned to Court. Summons served electronically under sections 64 to 71 are treated as duly served and an attested copy kept as proof.
Example
Priya serves a summons to a witness in another city. The officer who served it cannot attend the hearing but files an affidavit sworn before a Magistrate and returns the duplicate summons with the witness's endorsement. The Court accepts the affidavit and duplicate as evidence and treats the service as proved. If Priya had sent the summons by email under sections 64 to 71, an attested copy would similarly count as proof.
Bare Act
Enacted text(1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.
(3) All summons served through electronic communication under sections 64 to 71 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons.
Previous year papers
Pick your exam. we'll email the most recent paper.