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THE FIRST SCHEDULE · ORDER V Issue and service of summons

Order V Rule 20: Substituted service

The Code of Civil Procedure, 1908

(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.

1[(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.

(3) Where service substituted, time for appearance to be fixed.—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.

Footnotes in the official text

  1. 1.Ins. by Act 104 of 1976, s. 55 (w.e.f. 1-2-1977).

Questions on this rule

4 questions in 20 of our papers cite Order V Rule 20. Try these from the free papers:

  1. 1. An ex parte decree is passed against Y on 1 February. Summons had been served on Y only by substituted service under Order V Rule 20 of the Code of Civil Procedure, 1908. Y first comes to know of the decree on 10 April. Under Article 123 of the Schedule to the Limitation Act, 1963, Y's application to set aside the ex parte decree must be made within thirty days from:

  2. 2. The court orders substituted service of summons on D under Order V Rule 20 CPC and, on 1 March, passes an ex parte decree against him. D first learns of the decree on 10 June of the same year and, on 25 June, applies under Order IX Rule 13 CPC to have it set aside. Under Article 123 of the Limitation Act, 1963, D's application is:

Practise questions on Civil Procedure Code