Service of Summons

The summons should in ordinary cases be served either upon the defendant in person or on his agent authorized to accept service on his behalf. Where there are two or more defendants, service should be made on each defendant. Where the defendant cannot be found and has no agent service may be made on any adult male member of the family. Where the suit is against a non-resident defendant, service may be made on the manager of the premises. In a suit for immovable property, service may be made on any agent of the defendant in charge of the property, if it cannot be made on the defendant in person.

Service is to be made by delivering or tendering a copy of the summons to the person proposed to be served, and obtaining his signature to an acknowledgement of service endorsed on the original summons. In certain cases where using all due and reasonable diligence the defendant cannot be found, personal service is dispensed with and substitute service is allowed. One mode of substituted services is by affixing a copy of the summons on the outer door or some other conspicious part of the defendant's house or place of business.

After the complaint and summons are served on the defendant he has to file a written statement of his defence, if so ordered by the court. If any documents arc referred to in the complaint and the defendant does not have copies of them he may give notice to the plaintiff to produce them for inspection.

After the written statement is filed, the plaintiff, if he believes, it necessary, may request an amendment of the pleadings. As a general rule, leave to amend will be granted so as to enable the question in issue between the parties to be raised on the pleadings, where the injury caused to the opposite party can be compensated by money. But leave to amend will be refused if the amendment would convert the suit or the defence into one of a different and inconsistent character.