Service by email adequate proof of service in cases under Ordinary Original Civil jurisdiction, Delhi HC
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Service by email adequate proof of service in cases under Ordinary Original Civil jurisdiction, Delhi HC

Aditi Singh

The Delhi High Court has notified that while filing fresh suits etc in the Ordinary Original Civil Jurisdiction of the Court, an advance copy of paper book/filing can now be served on the opposite party/counsel by e-mail and the same shall be accepted by the Registry as adequate proof of service.

The filing counsel/party who is facilitating service must, however, state on affidavit that the e-mail address to which the paper book etc has been sent to, is that of the concerned party/counsel and that the e-mail has been delivered and has not bounced back.

The affidavit must also set out the particulars of the email, date and time of when the e-mail was sent, along with the date of listing.

In case there are defects and re-filings, the final filing has to be accompanied with an affidavit of service of e-mail of the fresh date of listing.

The order reads as follows,

While filing fresh suits/arbitration or other filings in the Ordinary Original Civil Jurisdiction of this Court, advance copy of paper book/filing wherever required to be served on the opposite party/counsel, may also be effected by e-mail and the same be accepted by the Registry as adequate proof of service, provided such suits/arbitration or other filings is accompanied with an affidavit of the filing counsel/party to the effect that the e-mail address at which e-mail has been sent is that of the concerned party/counsel and that the e-mail has been delivered and has not bounced back.

The affidavit shall also set out the date and time of the e-mail sent and the e-mail address at which it has been sent. The e-mail shall also specify the actual date when the fresh filing is to be listed. In case there are defects and re-filings, the final filing to be accompanied with affidavit of service of e-mail of the fresh date of listing.”

A Practice Order to this effect has been issued by the Delhi  High Court on December 3.

Read Order:

Delhi-Hc-practice-direction-Dec-3.pdf
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