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Paragraph 5.10 Re-service

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If it appears to the sheriff that there has been any failure or irregularity in service upon a defender, the sheriff may order the pursuer to re-serve the summons on such conditions as he thinks fit.

(2)

If re-service has been ordered in accordance with paragraph (1) or rule 5.5(7) the action shall proceed thereafter as if it were a new action.