# be served direct upon the members out-side the precincts of the House of Parliament or

- **Citation:** notification no. 504/vb-13
- **Court:** Allahabad High Court
- **Decided:** 1950-05-16
- **Case number:** notification no. 504/vb-13
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/be-served-direct-upon-the-members-out-side-the-precincts-of-the-house-of-163086
- **Pages:** 2

## Text

131
rule 121 of the G.R. (Civil) and rule 15 of the G.R. (Criminal) 1957* (* Now 1977 vide
notification no. 504/vb-13 dated 5.11.83.), should be strictly complied with, and in future
no summons should be served upon any member of Parliament or State Legislature while
he is within the precincts of the House of Parliament or Legislature nor it should be
served through the Presiding Officers or the Secretariat concerned. The summons should
be served direct upon the members out-side the precincts of the House of Parliament or
Legislature, as the case may be, i.e. at their residence or at some other place, as required
by the aforesaid provisions.
On a member of staff of a diplomatic mission in India
C.L. No. 33/VIII-b-31-50 dated 16th May, 1950 read with
G.O. No. 1967 (1)/VII 372-50 dated 6th May, 1950
 In cases in which it may be necessary and permissible to serve a summons,
notice, etc. on any member or staff of a diplomatic mission in India, it is desirable that
such summonses, notices, etc. should be routed through the Ministry of External Affairs,
Government of India.
(ii)
Summoning Lekhpals
C.L. No. 77/VIIb-48 Admn. (G) dated 11th July, 1979
The Presiding Officers are directed to refrain from summoning Lekhpals on
Thursday unless there is some urgency in the matter:
(iii)
Service of summonses
C.L. No. 1581 dated 19th May, 1904
All summonses intended for service on an officer serving under the Government
of India shall be forwarded through the head of his department so as to admit of suitable
arrangements being made for the conduct of public business during the absence of the
officer concerned.
C.E. No. 38/VII-d-132 dated 31st May, 1963 and
C.L. No. 47/VIII-b-16 dated 7th May, 1968
In all judicial proceedings concerning the Railways, courts should send processes,
accompanied with a copy of plaint/petition, direct to the General Manager, Deputy
General Manager or the Administrative Officer of the Railway concerned instead of
serving on the Secretary, Railway Board, or any other official of the Board.
C.L. No. 47/VIII b-16 dated 7th May, 1968
Under rule 104 of General Rules (Civil), 1957 in cases in which Railway is a
party processes should be sent for service to the General Manager of the railway
concerned who is authorised to act on behalf of the Central Government under rule 2 of
the Order XXVII, C.P.C., and not to the Secretary to the Railway Board.
132
G.L. No. 2737/44-16(2) dated 13th August, 1917
In the cases of a Railway, in addition to service in the usual way, a copy of the
summons should be sent by post under Order XXIX, rule 2(b) of the Code of Civil
Procedure, 1908. If, however, the summons is sent by registered post, service in the usual
way may be dispensed with.
C.L. No. 50/VIIb 68 dated 3rd May, 1972
District Judges to ensure prompt and quick service of summonses sent to them by
the administrative Tribunal and Vigilance Commission and to see that the summonses are
returned to the tribunal or the commission, before date fixed.
C.L. No. 72/VIII b-16 dated 20th December, 1954
Section 29 of the Jammu and Kashmir Code of Civil Procedure as inserted be
Jammu and Kashmir Code of Civil Procedure (Amendment) Act, 2011 (copy forwarded
to all District Judges with C.L. noted in the bloc) enables the service within that State of
summonses and other processes issued by any civil or revenue court established in the
other parts of India. Section 29 of the Code of Civil Procedure, 1908 (Act V of 1908),
already contains reciprocal provisions requiring service by courts in the territories of
India to which the code extends, of summonses and other processes issued by any civil or
revenue court of Jammu and Kashmir.
C.L. No. 68/VIII b-14 dated 26th November, 1966
In the processes issued for service in Jammu and Kashmir the addresses of the
parties and witnesses on whom service is to be effected as also the date fixed should be
written in English, besides, Hindi to facilitate easy and quick service.
C.L. No. 2 dated 1st August.1907
Presiding Officers of subordinate courts shall make every possible effort in the
first instance to secure the personal service of summonses on parties and witnesses. When
this method of services proves ineffectual and the court is satisfied, as required by Order
V, rules 19 and 20 (1) of the Civil Procedure Code, that the defendant is keeping out of
the way for the purpose of avoiding service, substituted service by affixing a copy of the
summonses in the court house and on the house of the defendant should be attempted. It
is only when no other recourse remains that recourse should be had to service by means
of notification in the press or the Gazette. The notification should appear in such
publication as is most likely to come into the hands of the person sought to be served. It
is, therefore, obvious that, except in a very few cases, notification published a careful
discretion should be exercised in selecting the paper in which the publication is to be
made. Such papers only should be chosen as are likely to be read by the person to be
served, or by his friends.
When courts are inspected the inspecting officer should examine cases in which
substituted service has been affected and note how for these instructions have not been
followed.