Proof of service in such cases and when serving officer not present
AI Assist
Summary
If a court summons is served outside the court's local area, or the officer who served it is not present at the hearing, an affidavit sworn before a Magistrate that the summons was served, together with the duplicate summons endorsed by the person who received it, is admissible as evidence. Their statements are presumed correct until disproved. The affidavit may be attached to the duplicate and returned to the court.
Example
Priya gets a summons while in another district and the officer who served it cannot attend the hearing. An affidavit sworn before a Magistrate saying the summons was served, together with the duplicate summons endorsed by the person who received it, can be used as evidence and is presumed correct unless proved otherwise. The affidavit can be attached to the duplicate and returned to the court.
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 62 or section 64) 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.
Previous year papers
Pick your exam. we'll email the most recent paper.