Service of summons through email

This is now in law books only till it is formalised in practic no utility.

Till the administrative as well as judicial reforms are done simultaneously we have no hopes . This country is slowly but steadily becoming a banana republic with manuwadi manhoos still not able to cope up withe idea of born equal in all respects. Supreme Court has been vested with the absolute power and absolute power has corrupted those manuwadi manhoos who are seen as the last resort of the upper castes elitists Hindus by default.

It is time we not only use all forms of communications including SMS for all offices be it public or private incl the courts. At the present scenario the court should move to the accused rather than moving the accused who are to be escorted by pot bellied Havaldars in the name of security. Video conference facilities be a routine matter. I am witness to a case where in a court  at amlkajgiri an accused is to report to the court only to get another date for appearence . It is happening for the past 2 years . During the absence of the YOURLORDSHEEP the clerical staff dispensed dates for almost one month. Unbelievable but true. If clerk or so called glorified clerk in the name of register can give fresh dates to the accused why it could not have been sent by SMS or by emails.

This hotpotch is very good for those clerks and the babus at the different levels. It is good for the good for nothing lawyers by the dozens and good for the YOURLORDSHEEPS who can not questioned by anybody.

It is time admistrative reforms are debated, judicial reforms are debated live as was seen how our colonial masters were doing when Mr Mudroc and his son was being grilled by the British MPs. That tiny country has strengthen their constitutional institutions and thereby being emulated by others . We have mastered their divide and rule policy but abondoned every thing good they follow.

Yes, I entirely agree with above views.  In fact , inspite of  clear  provisions stipulated in the Civil Procedure Code, it is an herculian task to convince the Judges even for permitting substituted modes of service of summons at the last known address of the person concerned, and it is better not to talk of service of summons by modern means of communications like Email, Fax, SMS, etc., in India, where the mindsets of many of our Lawyers and the Judicial Officers  are still that of the 18th century !  In  such a pathetic scenaria, one can one day dream of a day when one is able to  get service of summons/notice  effected by use of  modern technology.

Amendment of Order V.-In the First Schedule to the principal Act (hereinafter referred to as the First Schedule), in Order V,- (i) in rule 1, for sub-rule (1) [as substituted by clause (i) of section 15 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999)], the following sub-rule shall be substituted, namely:- "(1) When a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if any, within thirty days from the date of service of summons on that defendant: Provided that no such summons shall be issued when a defendant has appeared at the presentation of plaint and admitted the plaintiff's claim: Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons."; (ii) for rule 9 [as substituted by clause (v) of section 15 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999)], the following rules shall be substituted, namely:- "9. Delivery of summons by Court.-(1) Where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to accept the service of the summons, the summons s all, unless the Court otherwise directs, be delivered or sent either to the proper officer to be served by him or one of his subordinates or to such courier services as are approved by the Court. (2) The proper officer may be an officer of a Court other than that in which the suit is instituted, and, where he is such an officer, the summons may be sent to him in such manner as the Court may direct. (3) The services of summons may be made by delivering or transmitting a copy thereof by registered post acknowledgment due, addressed to the defendant or his agent empowered to accept the service or by speed post or by such courier services as are approv d by the High Court or by the Court referred to in sub-rule (1) or by any other means of transmission of documents (including fax message or electronic mail service) provided by the rules made by the High Court: Provided that the service of summons under this sub-rule shall be made at the expenses of the plaintiff.