1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO.6878/2008 IN FIRST APPEAL ST. NO.12491/2008 The Divisional Manager, The New India Insurance Company Ltd. ....Versus... Abdul Hameed Abdul Kadir and others ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- [Shri A.H. Patil, Adv. for applicant] [Shri V.R. Mundra, Adv. for respdt. Nos.1 and 2] CORAM:- A.B. CHAUDHARI, J. DATED :- 15.07.2009 Office report, dated 24.2.2009 shows that respondent No.4 was absent and therefore, service was made on female adult member of the family. But in view of the existing Rule 15 of the Bombay High Court substituting Rule 15 of the Code of Civil Procedure, service is to be made on only ‘adult male member’ and therefore, office objection appears to have been raised. It appears that Rule 15 of Order 5 of the Code of Civil Procedure was amended by virtue of Section 55 of Amendment Act No.104 of 1976, holding service on ‘adult female member’ to be valid. But then the Bombay High Court Rule is otherwise. 2 It is necessary to have the amended Order 5 Rule 15 of the Bombay High Court in conformity with Rule 15 of Order 5 of the Code of Civil Procedure. Hence, Registrar (Judicial) to take appropriate steps. In view of the service on the adult female member of the family of respondent No.4, I hold that respondent No.4 has been validly served. Learned Counsel for appellant states that entire amount under award with costs and interest shall be deposited in this Court within a period of eight weeks from today. Hence, delay in filing first appeal is condoned. Civil Application stands disposed of. JUDGE ssw