25. Endorsement on process.—(1)
The officer entrusted with the execution of the process shall endorse thereon
the day on, and the manner in, which it was executed, and, if the latest day
specified in the process for the return thereof has been exceeded, the reason
of the delay, or, if it was not executed, the reason why it was not executed,
and shall return the process with such endorsement to the Court.
(2) Where the endorsement is
to the effect that such officer is unable to execute the process, the Court shall
examine him touching his alleged inability, and may, if it thinks fit, summon
and examine witnesses as to such inability, and shall record the result.
Explanation:
Attention is invited to the provisions of Order XXI, Rules 24 and 25, regarding processes for execution.
Rule 24 requires that in every case a day shall be specified on or before which the process is to be executed. Rule 25 makes it incumbent on the Court to examine the officer entrusted with the execution, when the process is not duly executed, to satisfy itself as regards the reasons for its non-execution and to record the result of its inquiry. If the Courts make careful inquiry in such cases and do not blindly accept the reports on the processes, the percentage of infructuous applications will appreciably diminish.
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