2011 AIR CC 3392 (BOM) ::2011 (6) AIR Bom R 206

Bombay High Court

Hon'ble Judge(s): S. A. Bobde, M. N. Gilani , JJ

( A ) Civil Procedure Code (5 of 1908) O. 5 , R. 15 (as amended by Bombay High Court with effect from 1-10-1983) — Service of summons — Provisions of O. 5, R. 15 providing that when defendant is absent from his residence and had no agent empowered to accept service of summons on his behalf, service may be made on any adult member of family — Bombay amendment to O. 5, R. 15 provided that under such circumstances service may be made on adult male member of family — Restrictions placed by Bombay Amendment that service of summons may be made only on adult male member of family are inconsistent with O. 5, R. 15 which permits service to be made on adult male or female member of family — Hence deserve to be ignored.In view of above, the subordinate Courts are directed to ignore the restrictions contained in Order 5, Rule 15 of the Code of Civil Procedure, as amended by the Bombay High Court with effect from 1-10-1983, which requires service to be done only on adult male member of the family and instead follow Rule 15 of Order 5 of Code of Civil Procedure 1908 as enacted by Parliament. (Paras46)In view of above, the subordinate Courts are directed to ignore the restrictions contained in Order 5, Rule 15 of the Code of Civil Procedure, as amended by the Bombay High Court with effect from 1-10-1983, which requires service to be done only on adult male member of the family and instead follow Rule 15 of Order 5 of Code of Civil Procedure ....