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THE FIRST SCHEDULE · ORDER V Issue and service of summons

Order V Rule 15: Where service may be on an adult member of defendant’s family

The Code of Civil Procedure, 1908

1[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.]

Footnotes in the official text

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

Questions on this rule

1 question in 9 of our papers cite Order V Rule 15. Try these from the free papers:

  1. 1. Under Order V Rule 15 CPC, where the defendant is absent from his residence, is not likely to be found there within a reasonable time, and has no agent empowered to accept service, the summons may be served on:

Practise questions on Civil Procedure Code