48. MISCELLANEOUS

29 judgments cite this provision SC

[Repealed.].

1. Process to be served at expense of party issuing.

[Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (w.e.f.1-1- 1964).

(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.

STATE AMENDMENT.

(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.

Rajasthan.

2. Orders and notices how served.

Insertion of new section 48 A.- After section 48 of the Code of Civil Procedure, 1908 (Central Act V of 1908), in its application thereof to the State of Rajasthan, the following new section shall be, and be deemed always to have been inserted, namely:--

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.

48-A- Varied application of section 48.- For the purposes of the application of section 48 to the State of Rajasthan;-

3. Use of forms in appendices.

(i) a decree, made before the twenty-fifth day of January, 1950, in those parts of Rajasthan where a corresponding provision did not then exist, shall, unless it shall have become time-barred or otherwise infructuous before the said day in accordance with any law then prevailing in those parts, be deemed to have been made on the said day, and

The forms given in the appendices, with such variation as the circumstances or each case may require, shall be used for the purposes therein mentioned.

(ii) Where a decree might have been made before the twenty-fifth day of January, 1950 in those parts of Rajasthan where a corresponding provision then existed, with a period longer than twelve years provided therein such longer period or the period of twelve years form the said day whichever expires first shall be the period after which, according to section 48, no order for execution shall be made.

[Vide Rajasthan Act XX of 1952, s. 2].