Explain substituted mode of service of summons and its effect.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2022
Explain substituted mode of service of summons and its effect.
Answer & Explanation:
Order V, Rule 20 of the Civil Procedure Code, 1908 deals with the provision relating to substituted service and its effects. The requirements relating to the said rule is as under: When can be issued: Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by substituted service. Modes of substituted service: By affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit. By an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain. Effect of substituted service: Service substituted by order of the Court shall be as effectual as if it had been made on the defendant personally. Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.
Topics: Civil Procedure Code
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