This is the latest consolidated version of this rule. |
ORDER 51 : SERVICE
1. Any summons or notice to be served or given to any person may be served or given at his address for service if he has furnished one, and if he has not then at his last known or usual place of residence or, if this is impossible, with the leave of the Court or Judge obtained ex parte, in any one of the ways in which service or notice of a writ of summons may be effected or given. And everything done on any proceeding whereof notice has been served or given according to these Rules shall be binding on a person so served or notified, whether he attends on the proceeding or not.
[Δ.Κ. 25.7.1997] 1Β. Εφόσον η διεύθυνση επίδοσης περιλαμβάνει και τηλεομοιότυπο καθίσταται αποδεκτή η επίδοση ή παράδοση δικαστικού εγγράφου, μέσω τηλεομοιοτυπικής επικοινωνίας.
2. All documents or processes required to be served under any Rules of Court or under any Law shall be served through the Court on payment of the prescribed fee : such fee shall in the first instance be paid by the party by whom or on whose behalf application is made for such service. Such application shall be made, and fees paid, at the time of filing or issue of the originals of such documents or processes, and the Registrar may refuse to file or issue such originals except upon production of an application for service having endorsed thereon a certificate by the proper officer that the fees have been paid.
2A. Where under these Rules or any Law, personal service or any other mode of service is required for the service of any writ, notice, pleadings, order, summons, warrant or other document in any cause or action, and where the person served is the consular officer of a State in respect of which the Governor has notified the Chief Justice that the provisions of this Rule shall apply, service shall be effected by posting in a registered envelope addressed to such officer at his Consulate by the Registrar of the Court issuing the document; and the time at which the document so posted would be delivered for service in the ordinary course of post shall be considered as the time of service thereof.*
3. Every document calling upon a person to appear before the Court, or giving any person notice of any proceeding proposed to be had or taken before the Court, shall, save where it is otherwise provided by these Rules, be served on such person at least four days prior to the day on which he is required to appear, or on which the proceeding whereof notice is given is to be had or taken.
4. The Court or Judge may, if it or he shall see fit, by order direct that any such document be served at short notice, care being taken that the person to be served, having regard to his place of residence, is allowed sufficient time to comply with the notice; and on making the order the Court or Judge may also thereby direct in what manner service of the document is to be effected.
Any such order may be made on the application of any person without notice to any other person.
5. When the Court or Judge shall authorize any document to be served at short notice, the order need not be drawn up but a note shall be made on such document by the Registrar that it is so served under the authority of an order of the Court or Judge.
6. When application is made for the service of any document, the document to be served shall be accompanied by a duplicate, and the affidavit of service shall be endorsed upon or have attached thereto as an exhibit, such duplicate.
[Δ.Κ. 25.7.1997] 7. Όταν γίνει επίδοση ή παράδοση δικαστικού εγγράφου, η βεβαίωση αποστολής μέσω τηλεομοιοτύπου, επισυνάπτεται ως τεκμήριο στο αντίγραφο του εγγράφου που έχει επιδοθεί ή παραδοθεί και κατατίθεται, όπου τούτο απαιτείται, στο Πρωτοκολλητείο.