Summons By Registered Post AD Can't Be Served Directly On Defendant Residing Outside Court's Jurisdiction: Punjab & Haryana HC

Order 5 Rule 21 CPC makes it clear such that summons ordered to be served by registered post acknowledgment due on a defendant residing outside the jurisdiction of the Court would have to be sent to the Court having jurisdiction where the defendant resides. Under Order 5 Rule 23 CPC, the Court to which the summons are sent under Rule 21 shall proceed as if it had been issued by such Court.

The court while setting aside the previous orders held that the order of the Trial Court was contrary to Order 5 Rules 9 and 21 CPC because summons by way of registered post acknowledgment due directly by the Court where the suit was instituted cannot be deemed to be proper service and the procedure adopted by law.

Case Title: M/s Paras Ram Milkhi Ram versus Sudarshan Tea. Pvt. Ltd. and Another