Article written by Advocate Alpa Jogi on CPC Order V Rule 20
(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.
(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 he 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.
As per Order 5 Rule 20 CPC if the Court has come to the conclusion that defendant is keeping out of the way for the purpose of avoiding service or that summons cannot be served in the ordinary way that an order has to be passed for affixation of a copy of the summons in some conspicuous place in the Court-house and also upon the conspicuous part of the house in which the defendant normally resides. Under Order 5 Rule 20 Sub-clause (1-A) CPC the Court can also order service by an advertisement in a newspaper having sufficient circulation in the locality where the defendant resides. In any case, the provisions of Order 5 Rule 20 CPC could be resorted to only in case the Court had come to the conclusion that service cannot be effected upon the defendants in an ordinary manner.
In any case, the provisions of Order 5 Rule 20 CPC could be resorted to only in case the Court had come to the conclusion that service cannot be effected upon the defendants in an ordinary manner.
Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.
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