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The Code of Civil Procedure, 1908: page 95

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 95, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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in person, and the defendant has no agent empowered to accept the service, it may be made on any agent
of the defendant in charge of the property.
     1
    [15. Where service may be on an adult member of defendant’s family.— Where in any suit the
defendant is absent from his residence at the time when the service of summons is sought to be effected
on his at his residence and there is no likelihood of his being found at the residence within a reasonable
time and he has no agent empowered to accept service of the summons on his behalf, service may be
made on any adult member of the family, whether male or female, who is residing with him.
     Explanation.—A servant is not a member of the family within the meaning of this rule.]
    16. Person served to sign acknowledgment.—Where the serving officer delivers or tenders a copy
of the summons to the defendant personally, or to an agent or other person on his behalf, he shall require
the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service
endorsed on the original summons.
    17. Procedure when defendant refuses to accept service, or cannot be found.—Where the
defendant or his agent or such other person as aforesaid refuses to sign the acknowledgment, or where the
serving officer, after using all due and reasonable diligence, cannot find the defendant, 2[who is absent
from his residence at the time when service is sought to be effected on him at his residence and there is no
likelihood of his being found at the residence within a reasonable time], and there is no agent empowered
to accept service of the summons on his behalf, nor any other person on whom service can be made, the
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serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the
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house in which the defendant ordinarily resides or carries on business or personally works for gain, and
shall then return the original to the Court from which it was issued, with a report endorsed thereon or
                                                                      aC
annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the
name and address of the person (if any) by whom the house was identified and in whose presence the
copy was affixed.                                              di
    18. Endorsement of time and manner of service.—The serving officer shall, in all cases in which
                                                          In
the summons has been served under rule 16, endorse or annex, or cause to be endorsed or annexed, on or
to the original summons, a return stating the time when and the manner in which the summons was
served, and the name and address of the person (if any) identifying the person served and witnessing the
delivery or tender of the summons.
    19. Examination of serving officer.—Where a summons is returned under rule 17, the Court shall, if the
return under that rule has not been verified by the affidavit of the serving officer, and may, if it has been so
verified, examine the serving officer on oath, or cause him to be so examined by another Court, touching his
proceedings, and may make such further enquiry in the matter as it thinks fit; and shall either declare that
the summons has been duly served or order such service as it thinks fit.
   19A. [Simultaneous issue of summons for service by post in addition to personal service.] Omitted by
the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999), s. 15 (w.e.f. 1-7-2002).
    20. Substituted service.—(1) 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
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.
     3
     [(1A) Where the Court acting under sub-rule (1) orders service 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.]
     (2) 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.

1. Subs. by Act 104 of 1976, s. 55, for rule 15 (w.e.f. 1-2-1977).
2. Ins. by s. 55, ibid. (w.e.f. 1-2-1977).
3. Ins. by Act 104 of 1976, s. 55 (w.e.f. 1-2-1977).

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