Section 70: Proof Of Service In Such Cases And When Serving Officer Not Present
Code:
(1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.
(3) All summons served through electronic communication under sections 64 to 71 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons.
Explanation:
This section deals with the proof of service of summons when the summons is served outside the court’s jurisdiction or when the serving officer is not present at the hearing. It outlines the procedure to be followed to ensure the validity of the service.
Illustration:
- A court in Delhi issues a summons to a person residing in Mumbai. The summons is served by a police officer in Mumbai.
- The officer who served the summons is not present in the Delhi court during the hearing.
- In this case, the officer would have to make an affidavit before a Magistrate in Mumbai. It should state that the summons was served.
- This affidavit, along with a duplicate of the summons should be endorsed by the person served. It would be admissible in court as evidence that the summons was properly served.
Common Questions and Answers: Proof Of Service In Such Cases And When Serving Officer Not Present
Q: What is the purpose of this section?
A: The purpose of this section is to establish a clear and standardized procedure for proving the service of summons. It should be when the serving officer is not present at the hearing.
Q: Why is an affidavit required?
A: The affidavit is required to provide a sworn statement from the serving officer. It should confirm that the summons was served properly.
Q: What happens if the defendant disputes the service of the summons?
A: The burden of proof lies on the party claiming that the summons was not properly served. They would have to provide evidence to contradict the affidavit and the endorsed duplicate.
