|State or Central||Central|
CODE OF CIVIL PROCEDURE, 1908
5 of 1908
[21st March 1908]
ORDER 48 :- MISCELLANEOUS
1. Process to be served at expense of party issuing
2. Orders and notices how served
3. Use of forms in appendices.
As amended up to date by Amendment Act No. 104 of 1976 as assented by the President of India on 10th September, 1976 An Act to consolidate and amend the laws relating to the procedure of the courts of civil judicature Whereas it is expedient to consolidate and amend the laws relating to the Procedure of the courts of civil judicature.
1. Process to be served at expense of party issuing :-
(1) Every process issued under this Code shall be served at the expense of the party on whose behalf it is issued, unless the Court otherwise directs.
(2) Costs of service-The court-fee chargeable for such service shall be paid within a time to be fixed before the process is issued.
HIGH COURT AMENDMENTS
Allahabad.-In Order XLVIII, in rule I, in sub-rule (1), before the words "Every process issued" prefix the words "Except as provided in Order IV, rule 1(2)".
[Vide Notification No. 4084/35(a)-3(7), dated 24th July, 1926.] Bombay.-In Order XLVIII, in rule 1, for sub-rule (2), substitute the following sub-rule, namely:
"(2) Cost of service.-The Court-fee chargeable for service of the process of the Court shall, except as provided for in sub-rule (2) of rule 1 of Order IV, be paid when the process is applied for, or within such time as may be fixed by the Court." (w.e.f. 1-10-1983)
Calcutta.-In Order, XLVIII, in rule 1, for sub-rule (2), substitute the following sub-rule, namely:
"(2) The Court-fee chargeable for such service shall be paid when the process is applied for, or within such time, if any, as the Court may, when ordering its issue fix for the purpose."
[Vide Notification No. 1154-G, dated 17th January, 1934.]
Gauhati.-Same as in Calcutta.
Gujarat.-Same as in Bombay .substituting the words "other than the summons to the defendants, shall" for the words "shall, except as provided for in sub-rule (2) of rule 1 of Order IV".
Madhya Pradesh.-In Order XLIIL in rule 1, in sub-rule (2), for the words "The Court-fee", substitute the words "Except as provided in Order IV rule 1(2) the Court-fee".
[Vide Notification No. 3409, dated 29th June, 1943.]
2. Orders and notices how served :-
All orders, notices and other documents required by this Code to be given to or served on any person shall be served in the manner provided for the service of summons.
3. Use of forms in appendices :-
The forms given in the appendices, with such variation as the circumstances or each case may require, shall be used for the purpose therein mentioned.
HIGH COURT AMENDMENTS
Calcutta.-In Order XLVIII, in rule 3, after the word "appendices", insert the words "or such other forms as may be prescribed by the High Court of Judicature at Fort William in Bengal".
[Vide Notification No. 7987-G, dated 18th April, 1935.] Gauhati.- Same as in Calcutta.
Punjab and Haryana.-In Order XLVIII, after rule 3, insert the following rule, namely:
"4. The provisions of rules 11 (2), 17, 18,19 and 21 of Order XLI of the Code of Civil Procedure, 1908, shall apply mutatis mutandis to civil revision petitions."
[Vide G.S.R. 107, C.A. 5/8/S, 122/70, dated 16th October, 1970.]