ORDER XXIX – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

ORDER XXIX. SUITS BY OR AGAINST CORPORATIONS

 

1. Subscription and verification of pleading

In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation by the security or by any director or other principal officer of the corporation who is able to depose to the facts of the case.

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-Same as in Madras.

 

Kerala.-In Order XXIX, after rule 1, insert rule 1A which is same as in Madras with the addition of the following as marginal note:-

 

“Time to be fixed in the summons for appearance in suits against local authority”.

 

[Vide Notification No. Bl-3312/58, dated 7th April, 1959.]

 

Madras.-In Order XXIX, after rule 1, insert the following rule, namely:-

“1A. In suits against a local authority the Court in fixing the day for the defendant to appear and answer shall allow not less than two months time between the date of summons and the date for appearance.”

 

2. Service on corporation

Subject to any statutory provision regulating service of process, where the suit is against a corporation, the summons may be served-

 

(a) on the secretary, or on any director, or other principal officer of the corporation, or

 

(b) by leaving it or sending it by post addressed to the corporation at the registered office, or if there is no registered office then at the place where the corporation carries on business.

 

STATE AMENDMENT

 

Uttar Pradesh.-In Order XXIX, in rule 2, after clause (a), insert the following clause, namely;-

 

“(aa) on its corporation pleader in the district where the Court issuing summons is located, if one has been appointed and the appointment has been notified to the District Judge under rule 10 of order XXVII, or”.

 

[Vide Uttar Pradesh Act 57 of 1976, sec. 12 fw.e.f. 1-1-1977}.]

 

HIGH COURT AMENDMENT

 

Karnataka.-In Order XXIX, after rule 2, insert the following rule, namely;-

“2A. Where the suit is against a local authority the Court in fixing the day for such authority to answer the plaint shall allow a reasonable time for the necessary communication with any department of the Government and for the issue of the necessary instruction to the pleader of the authority, and may extend the time at its discretion.”

 

[Vide R.O.C. 2526 of 1959, dated 9th February, 1967.]

 

3. Power to require personal attendance of officer of corporation.

The Court may, at any stage of the suit, require the personal appearance of the secretary or of any director, or other principal officer of the corporation who may be able to answer material questions relating to the suit.

ORDER XXIX
SUITS BY OR AGAINST CORPORATIONS

 

1. Subscription and verification of pleading

In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation by the security or by any director or other principal officer of the corporation who is able to depose to the facts of the case.

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-Same as in Madras.

 

Kerala.-In Order XXIX, after rule 1, insert rule 1A which is same as in Madras with the addition of the following as marginal note:-

 

“Time to be fixed in the summons for appearance in suits against local authority”.

 

[Vide Notification No. Bl-3312/58, dated 7th April, 1959.]

 

Madras.-In Order XXIX, after rule 1, insert the following rule, namely:-

“1A. In suits against a local authority the Court in fixing the day for the defendant to appear and answer shall allow not less than two months time between the date of summons and the date for appearance.”

 

2. Service on corporation

Subject to any statutory provision regulating service of process, where the suit is against a corporation, the summons may be served-

 

(a) on the secretary, or on any director, or other principal officer of the corporation, or

 

(b) by leaving it or sending it by post addressed to the corporation at the registered office, or if there is no registered office then at the place where the corporation carries on business.

 

STATE AMENDMENT

 

Uttar Pradesh.-In Order XXIX, in rule 2, after clause (a), insert the following clause, namely;-

 

“(aa) on its corporation pleader in the district where the Court issuing summons is located, if one has been appointed and the appointment has been notified to the District Judge under rule 10 of order XXVII, or”.

 

[Vide Uttar Pradesh Act 57 of 1976, sec. 12 fw.e.f. 1-1-1977}.]

 

HIGH COURT AMENDMENT

 

Karnataka.-In Order XXIX, after rule 2, insert the following rule, namely;-

“2A. Where the suit is against a local authority the Court in fixing the day for such authority to answer the plaint shall allow a reasonable time for the necessary communication with any department of the Government and for the issue of the necessary instruction to the pleader of the authority, and may extend the time at its discretion.”

 

[Vide R.O.C. 2526 of 1959, dated 9th February, 1967.]

 

3. Power to require personal attendance of officer of corporation.

The Court may, at any stage of the suit, require the personal appearance of the secretary or of any director, or other principal officer of the corporation who may be able to answer material questions relating to the suit.

 

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Civil Procedure Code 1908

 

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