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Provided that where the party to be served is a respondent spouse, his signature on the acknowledgment of service shall be proved at the trial or hearing.
(3) An application for leave to substitute for the modes of service prescribed by the foregoing paragraphs of this rule some other mode of service, or to substitute for service notice of the proceedings by advertisement or otherwise, shall be made ex parte by lodging with the registrar an affidavit selling out the grounds on which the application is made.
(4) Where leave is given to substitute for service notice of the proceedings by advertisement, the form of the advertisement shall be settled by the registrar and copies of the newspapers containing the advertisement shall be filed, together with any notice of petition or notice of proceedings.
(5) Service may be dispensed with altogether in any case in which it may appear necessary or expedient to do so. An application for leave to dispense with service on a respondent spouse shall be made to a judge and an application for leave to dispense with service in any other case shall be made to the registrar.
(6) (2) An originating summons or notice of an application for ancillary relief may be served out of the jurisdiction without leave in manner provided by these rules, or may be served in accordance with the procedure prescribed by rule 37(8) of Order II of the Code of Civil Procedure, so however that the official certificate required by para- graph (c) of that rule shall, in the case of a summons or notice served personally, show the servers means of knowledge as to the identity of the person served.
(6) Where a notice of an application for ancillary relief is to be served out of the jurisdiction the time limited for appearance which is to be entered in the notice shall be fixed having regard to the place or country where or within which the notice is to be served in accordance with the practice adopted under rule 37(a) of Order II of the Code of Civil Procedure.
(c) Where an originating summons is to be served out of the jurisdiction, the return date shall be fixed having regard to the time which would be limited for appearance under
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sub-paragraph (b) of this paragraph if the document to be served were a notice of an application for ancillary relief.
11. Unless otherwise directed, and except where the provi- Proof of
Bervice. sions of role 10(4) have been complied with, a petition shall not proceed to trial unless the respondent and every co-respondent thereto and every person named therein-
(a) has entered an appearance; or
(b) is shown by affidavit in accordance with Form 11 (which shall be filed) to have been served with the petition personally or in accordance with an order for substituted service; or
(c) has returned to the solicitor for the petitioner, or to the petitioner if he is acting in person, an acknowledgment of service in accordance with Form 4, which shall be lodged with the registrar.
12. (1) Unless otherwise directed, service or delivery of any Service notice or other document in a matrimonial cause may, if no other of other mode of service or delivery is prescribed, be effected--
(a) where the party to be served is the petitioner or has entered an appearance, by leaving the notice or document at, or by sending it by pre-paid post to, the address for service;
(b) in any other case, by delivering the notice or document to the party to be served or by leaving it at, or by sending it to him by pre-paid registered post to, his last known address.
(2) A of
copy
affidavit filed in support of an application every under rule 3, or in support of or in answer to an application for ancillary relief, or an application under rule 56, or in pursuance of an order for interrogatories or discovery shall be delivered to the opposite party, if he is the petitioner or has entered an appearance, within twenty-four hours after the affidavit has been filed. If the opposite party is not the petitioner and has not entered an appearance and the time for entering an appearance has not expired, a copy of the affidavit shall be served upon him with the originating summons or notice in support of which the affidavit is filed.
documents.