Order LIII - Service of documents : Supreme Court Rules 2013

How to do Service of documents? Order LIII of Supreme Court Rules 2013

 

Order LIII of Supreme Court Rules 2013 : "Service of documents"

1. Except where otherwise provided by any Statute or prescribed by these rules, all notices, orders or other documents required to be given to or served on, any person shall be served by the Registry in the manner provided by the Code for the service of a summons.

 

 

In criminal proceedings, to compel appearance of an accused, the Court may direct issuance of warrant and other processes in the manner provided by the Code.

(a) In order to avoid delay in the service of the notices, the following procedure shall be adopted for effecting service on Union of India or State Government (s) as respondents:-

(i) In all matters in which the Court directs the issue of notice to the Union of India or to any State Government or to any of its authorities, the petitioner/appellant shall specify the proper department and address of the Union of India or the State Government as the case may be, on whom the notice is required to be served.

The notice along with a copy of the petition with its annexures shall be served on the proper department;

additionally on the Standing Counsel/Advocate of the Union Government or the State Government;

3. In-charge of the Central Agency Section at Supreme Court of India, In case of Union 'to Government;

4. Special Officer/Resident Commissioner so appointed by the State Government or any of its authorities in Delhi, as the case may be. The respective Government may also authorise Special Officer/Resident Commissioner in Delhi to execute vakalatnama in favour of their respective Advocate-on-Record to enable them to take appropriate steps to complete pleadings expeditiously.

(b) The service of notice on the said Standing Counsel/ Advocate/In-charge of the Central Agency Section/Special Officer/ Resident Commissioner shall be treated as sufficient service on the concerned Government or any of its Departments.

2. Service of any notice, order or other document on the Advocate-an-record of any party at his address registered with office or registered e-mail address shall be deemed sufficient service on the party whom he represents and may be effected by delivering it to the Advocate-on-record or by leaving it with a clerk in his employ at his office or by sending it at his registered e-mail address.

3. Service of any notice, order or other document upon a person who resides at a place within the territory of India may ordinarily be effected by posting copy of the document required to be served in pre-paid envelope registered for acknowledgment addressed to the party or personally at the place where be ordinarily resides and through the District Judge concerned:

Provided that the Registrar may direct in a particular case or class of cases, that the service shall be effected in the manner provided by the Code for the service of summons:

Provided further that, where 'dasti' service (i.e. service through party) is directed or allowed, the party shall (unless permitted otherwise), within fifteen days of issue of dasti, tender the 'dasti' notice to addressee in person and obtain an acknowledgment of service from the addressee. In case the addressee declines to receive or acknowledge the service of, notice the party shall move the principal civil court (other than High Court) within local limits of whom addressee resides (or carries on business or personally works for gain), for service through special bailiff, the process fee/charges for which shall be borne by the said party. The concerned court shall direct expeditious service of notice through special bailiff and cause a report of service to be sent to the Registrar of this Court by registered /Speed Post A.D., the charges for which shall be paid by the concerned party, and forward a copy of the said report through the party, for being submitted to this Court.

4. A document served by post shall be deemed to be served at the time at which it would be delivered in the ordinary course of post.

5, Except where the notice or process has been served through Registry, the party required to effect the
service shall file an affidavit of service, along with such proof thereof as maybe available stating the manner in which the service has been effected.

6. Where the notice, order or other document has been served through another Court, the service may be proved by the deposition or affidavit of the serving officer made before the Court through which the service was effected.

7. Service effected after Court hours shall for the purpose of computing any period of time subsequent to that service be deemed to have been effected on the following day.

8. If service of any notice, order or document has not been completed within six months from the date of issue of notice, the mailer shall be reported to the Court for direction after notice to the Advocates-on-record for the parties. The Court may thereupon dismiss the mailer for non-prosecution or give such direction in the mailer as it deems fit.